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May 21, 2025
Z250005
Page 1 of 5
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
May 21, 2025
Case #/Title:
Z250005 – Modular Solutions
Supervisor District:
5
Applicant/Owner:
Guadalupe Alvarado, Modular Solutions Ltd. / MS IV Holdings LLC
Request:
Zone Change from Rural-43 to IND-2
Site Location:
Generally located approx. 289 feet north of the NEC of 43rd Ave &
Sunland Ave in the Phoenix area
Site Size:
Approx. 3.9 acres
County Island Status:
Yes (City of Phoenix)
Additional
There are no outstanding concerns from reviewing agencies. The
Comments:
applicant is requesting a zone change from Rural-43 to IND-2 to
allow for the development of industrial to be relocated and
expanded from a leased parcel to the south under separate
ownership zoned IND-2. Contemplated uses include storage of
industrial materials, welding and modular soft set for all trades and
minor equipment maintenance. Modular Solutions is a full-service
design building company.
The site is within a county island surrounded by the City of Phoenix
and is within the City’s municipal planning area (MPA).
Unincorporated areas outside of county area plans are designated
Rural
Development
Area;
however,
urban
services
and
infrastructure are readily available, and the site within the MPA is
considered part of an urban growth area. The City designates the
site for residential uses of up to 5 du/ac. The site is also located
within the City’s RIO PHX study area. The City made a number of
requests that included dedication of a multi-use non-motorized trail
easement. The applicant has accepted the City’s requested
conditions listed as condition ‘e’. Two memos of support have been
received by adjacent landowners and there is no known opposition.
Commission
Recommendation:
On 4/24/25 the Commission voted 7-0 (motion by Commissioner
Leighton D4, seconded by Commissioner Hernandez D5) to adopt
a motion recommending the Board of Supervisors approve
Z250005 subject to conditions ‘a’ – ‘j’:
May 21, 2025
Z250005
Page 2 of 5
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “North Yard Zoning“, consisting of 1 full-size sheet, dated 2/26/25, and stamped
received 2/28/25, except as modified by the following conditions. Staff may determine
slight refinements to remain in substantial conformance with the approved site
plan. Minor and major amendments to the site plan will be determined in accordance with
Chapter 3 of the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Modular Solutions, LTD”, consisting of 6 pages, dated 2/26/25, and stamped
received 2/28/25, except as modified by the following conditions.
c.
The following Planning 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 number of proposed building
lots/units, 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.
2.
43rd Avenue is a MCDOT maintained roadway classified as an arterial roadway.
The existing 55 foot R/W appears adequate pending the Traffic Study preparation
and review.
3.
A Traffic Study/Statement must be submitted with future entitlement (POD)
application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4)
https://www.maricopa.gov/DocumentCenter/View/303
4.
Off-site roadway improvements, including additional R/W dedication(s) may be
required pending the MCDOT approved Traffic Impact Study/Statement.
5.
Gated access(es) must provide an adequate turnaround area so that vehicles will
not back onto public roads.
6.
The above comments do not include identification of utilities or underground
facilities within or adjacent to the required right-of-way that may have prior rights
and/or require relocation.
7.
Engineering review of re-zone cases is conceptual in nature. 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.
d.
The following Maricopa County Environmental Services Department (MCESD) conditions
shall apply:
1.
A Minor Plan Review application must be submitted for any existing septic
system(s) if being utilized and if the applicant believes the existing system(s) are
adequate in size to support the new use; otherwise, a new septic permit/install
may be required.
May 21, 2025
Z250005
Page 3 of 5
2.
A Notice of Intent to Discharge application for a septic system is required for any
construction. Application must be submitted to the MCESD Onsite Wastewater
Program.
3.
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
4.
If conducting food service in unincorporated Maricopa, a grease trap will be
required by Onsite Wastewater program.
5.
Setback requirements must be maintained per Arizona Administrative Code, Title
18, Chapter 9, Article 312, C (Features Requiring Setbacks).
6.
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General
Permit and may require nitrogen treatment.
7.
An Approval to Construct application is required and must be submitted to
MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or
wastewater system infrastructure.
8.
A Water Service Agreement signed by the Utility is required and must be submitted
to MCESD’s Subdivision & Infrastructure Program if the site/development will be
provided with water and/or reclaimed water by a Utility. A Capacity Assurance
Form issued by the Utility is required to MCESD’s Subdivision & Infrastructure
Program if the site/development wastewater service is being provided by a Utility.
e.
The following City of Phoenix conditions shall apply:
1.
The site shall maintain a minimum 30-foot-wide building and landscape setback
along 43rd Avenue.
2.
Within the required landscape setbacks and landscaped right-of-way, minimum
2inch caliper, drought-tolerant, single-trunk, shade trees shall be planted 20 feet
on center or in equivalent groupings, with five 5-gallon drought-tolerant shrubs per
tree, and appropriate ground cover.
3.
A minimum of two green stormwater infrastructure (GSI) elements for stormwater
management shall be implemented, as approved or modified by the Planning and
Development and/or Street Transportation departments. This includes but is not
limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per
the Greater Phoenix Metro Green Infrastructure and Low Impact Development
Details for Alternative Stormwater Management.
4.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east
side of 43rd Avenue and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement, in accordance with the MAG supplemental detail
and as approved or modified by the Planning and Development Department.
5.
Any open use or storage area, where permitted, shall be enclosed by a six-foot-
high solid masonry wall.
6.
Fencing and walls oriented towards a public street or trail shall have a finished
appearance and contain decorative elements.
May 21, 2025
Z250005
Page 4 of 5
7.
Any lighting shall be placed to reflect the light away from existing adjacent
residential uses to the south.
8.
No noise, odor or vibration shall be emitted so that it exceeds the general level of
noise, odor or vibration emitted by uses outside the site. Such comparison shall be
made at the boundary of the site.
f.
Prior to precise Plan of Development approval, the applicant shall provide the Maricopa
County Planning and Development Department with an executed pre-annexation service
agreement with the City of Phoenix that identifies the detail for when the proposed project
will be annexed and the provision of water and sewer service. In lieu of pre-annexation
service agreement the developer must provide a ‘will serve’ letter from the certificated
water and sewer provider.
g.
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.
h.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
i.
Prior to precise Plan of Development approval, a licensed engineering investigation of the
site shall be conducted and submitted identifying any land subsidence or earth fissuring
which affect the site and the report shall include suggested mitigation. The Final Plat shall
have a note that the property is within an area of known land subsidence and/or earth
fissuring. Further, notice that the property is in area of known land subsidence and/or
earth fissuring and a definition of both land subsidence and earth fissures shall be
displayed on the front door in the sales office, written in the covenants, conditions and
restrictions (CC&Rs), and written in any disclosure statements for conveyance
documents. However, if said report concludes negative impact regarding land subsidence
and/or earth fissuring the required notification should include such results.
j.
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
may be considered for revocation 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.
May 21, 2025
Z250005
Page 5 of 5
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
4/24/25 P&Z Packet (26 pages)
Note:
4/24/25 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Z250005
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z250005 – Modular Solutions
Hearing Date:
April 24, 2025
Supervisor District:
5
Applicant:
Guadalupe Alvarado, Modular Solutions, Ltd.
Owner:
MS IV Holdings LLC
Request:
Zone Change from Rural-43 to IND-2
Site Location:
Generally located approx. 289 feet north of the NEC of 43rd Ave & Sunland
Ave in the Phoenix area
Site Size:
Approx. 3.9 acres
Density:
N/A
County Island:
Yes (City of Phoenix)
County Plan:
Maricopa County Vision 2030 Comprehensive Plan -
Rural Development Area (0-1 du/ac)
Municipal Plan:
City of Phoenix – Residential 3.5 to 5 dwelling units per acre
Municipal Comments:
Proposed request is not consistent with Phoenix General Plan Land Use
and the City’s Laveen Southwest Growth Study designation. Proposed uses
would require a minimum of A-1 (Light Industrial) zoning subject to
regulations found in 627.F of the City of Phoenix Zoning Ordinance. If
approved City recommends a number of conditions.
Support/Opposition:
2 memos of support / no opposition known
Recommendation:
Approve with conditions
Z250005
Page 2 of 9
Project Summary:
1.
The applicant is requesting a zone change from Rural-43 to IND-2 to allow for the development
of an industrial complex to include office operations, welding, light modular soft-set and industrial
storage for Modular Solutions, LTD., a full-service design build company with nation-wide
contracts. The subject property is generally located approx. 289 feet north of the NEC of 43rd Ave
& Sunland Ave in the Phoenix area. The site is designated as Rural Development Area. The area
of the site is approximately 3.9 acres. Primary site access is an established driveway from 43rd
Ave., a MCDOT maintained roadway. The applicant will be required to file for a Plan of
Development with site plan details after determination of the zoning case.
2.
Current conditions indicate an ongoing outdoor storage yard operation, which was previously
approved under a Special Use Permit (SUP) for interim outdoor industrial storage under case
Z2011005. The SUP expired on May 9, 2022. There is no record of any status report related to the
SUP as approved by the Board of Supervisors. There is no history of violations on the property.
The proposed IND-2 zoning district will enable Modular Solutions to expand their current
operation from the leased parcel to the south under separate ownership. Expansion to the subject
site is not possible due to the site’s existing Rural-43 zoning designation. The leased site to the
south is similarly zoned IND-2. The conceptual zoning exhibit provided with this application
demonstrates the layout of the proposed uses. This application was filed on February 28, 2025,
and the Technical Advisory Committee was held on March 18, 2025.
3.
For informational purposes only (not regulated by the zoning ordinance) the business operating
hours will be 5am through 5pm, Monday through Saturday with 20 employees. Contemplated
uses include storage of industrial materials, welding and modular soft set for all trades and minor
equipment maintenance. The provided narrative specifically calls out that the site would not be
feasible, nor would meet proximity requirements for, off-site advertising signs.
2025 Aerial-photo
Z250005
Page 3 of 9
Zoning District map
Zoning Exhibit provided with conceptual layout
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Interim Industrial Outdoor Storage
North:
IND-2 / Semi-Truck Terminal
South:
IND-2 & Rural-43 / Modular Construction Operation (Modular Solutions)
East:
IND-2 / Vehicle storage
West:
43rd Ave then Rural-43 & IND-2 / Outdoor Storage (IND) & Rural Residential
Utilities and Services:
5.
Water:
City of Phoenix
Wastewater:
On-site septic
Fire:
City of Phoenix
Police:
MCSO
Z250005
Page 4 of 9
Right-of-Way:
6.
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
43rd Ave
55’
55’
Minor arterial
Adopted Plans:
7.
County Vision 2030 (adopted January 2016): Unincorporated areas outside of county area plans
are designated Rural Development Area and are only appropriate for rural land uses and rural
zoning, however, urban services and infrastructure are readily available, and the site may be
considered part of the urban growth area as the site falls into the City of Phoenix planning area.
8.
City of Phoenix General Plan (adopted April 3, 2024): The site is located within the City of Phoenix
planning area and designates the site as Residential 3.5 to 5 dwelling units an acre. The proposed
request would not be consistent with the General Plan Land Use designation.
9.
City of Phoenix Laveen Southwest Growth Study (adopted 1998): The site is located within the
City of Phoenix Laveen Southwest Growth Study and designates the site as 2 to 5 dwelling units
per acre. The growth study does not consider existing industrial zones within County jurisdiction.
The proposed request would not be consistent with the Laveen Southwest Growth Study.
10.
City of Phoenix RIO PHX initiative (in progress): The site is located within the study area of RIO
PHX, an initiative to transform the banks of the Salt River and surrounding area into a local and
tourist destination. However, the site is approximately 2,320.7' from the southeast corner of
Broadway Rd. & 43rd Ave., which would be the nearest accessible route closest to the bank of the
Salt River. There is no pedestrian or bicycle infrastructure along 43rd Ave. and there is no
pedestrian crosswalk at the intersection of 43rd Ave. providing access to the north side of
Broadway Rd. to the south bank of the Salt River. The City requested a multi-use trail easement
dedication of 30’ from the property owner’s frontage along 43rd Ave for the establishment of non-
motorized infrastructure for this initiative.
Public Participation Summary:
11.
The applicant met all minimum public notification requirements and received no comment from
the public outreach efforts.
Outstanding Concerns from Reviewing Agencies:
12.
City of Phoenix provided a memo to staff on April 8th dated April 4th that if approved, request the
following conditions be considered:
•
The site shall maintain a minimum 30-foot-wide building and landscape setback along 43rd
Avenue.
•
Within the required landscape setbacks and landscaped right-of-way, minimum 2-inch caliper,
drought-tolerant, single-trunk, shade trees shall be planted 20 feet on center or in equivalent
groupings, with five 5-gallon drought-tolerant shrubs per tree, and appropriate ground cover.
•
A minimum of two green stormwater infrastructure (GSI) elements for stormwater
management shall be implemented, as approved or modified by the Planning and
Z250005
Page 5 of 9
Development and/or Street Transportation departments. This includes but is not limited to
stormwater harvesting basins, bioswales, permeable pavement, etc., per the Greater Phoenix
Metro Green Infrastructure and Low Impact Development Details for Alternative Stormwater
Management.
•
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east side of 43rd
Avenue and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the
easement, in accordance with the MAG supplemental detail and as approved or modified by
the Planning and Development Department.
•
Any open use or storage area, where permitted, shall be enclosed by a six-foot-high solid
masonry wall.
•
Fencing and walls oriented towards a public street or trail shall have a finished appearance
and contain decorative elements.
•
Any lighting shall be placed to reflect the light away from existing adjacent residential uses to
the south.
•
No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor
or vibration emitted by uses outside the site. Such comparison shall be made at the boundary
of the site.
On April 15th, the applicant provided a memo to staff agreeing to the recommended conditions of
approval by the City of Phoenix.
Staff Analysis:
13.
Staff is supportive of the request due to the site’s existing access to city provided water service,
proximity to major transportation routes, and matches existing County industrial zoning to the
north, west, southwest and east. Properties to the south are zoned Rural-43 and appear residential
with an outdoor vehicle storage component. The area zoned Rural-43 to the west of 43rd Ave
appears to be residential with an equine oriented use. The uses proposed in this application would
not create a danger to the public health, safety and general welfare in surrounding areas, do not
create any offensive noise, vibration, smoke, dust, odor, heat or glare, and creates minimal truck
traffic with exclusive access to 43rd Ave. Additionally, the property does not meet proximity
requirements for an off-site advertising sign as the property is adjacent to a Rural-43 zone. The
requested IND-2 zoning designation will enable the property to be developed in alignment with
the area’s apparent industrial growth while enhancing the long-term operational capabilities of
Modular Solutions, Ltd. The following provisions within the County’s IND-2 zoning will address
some of the conditions recommended by the City of Phoenix. County’s IND-2 requires a setback
of 20 feet from a major arterial road, 10 feet less than the 30 feet requested by the City of Phoenix.
County IND-2 does not require landscaped yards or setbacks as requested by the City of Phoenix.
Drainage infrastructure will be addressed at the time of Plan of Development submittal, the City
of Phoenix requests a minimum of two green stormwater infrastructure elements for stormwater
management approved by their Planning and Development or Street Transportation departments
per the Greater Phoenix Metro Green Infrastructure and Low Impact Development Details for
Alternative Stormwater Management. County IND-2 zoning requires perimeter site screening for
any outdoor storage in any portion of a site not adjacent to a rural or residential zone boundary
up to 6’, as requested by the City of Phoenix. Site screening, up to 6’ in height, is also required
adjacent any rural or residential zoning boundary, however, decorative elements are not required
from any right of way as requested by the City. Outdoor lighting is regulated by MCZO section
1112 with provisions deterring light trespass onto adjacent parcels as requested by the City and
County IND-2 requires all uses maintain a manner that would not cause detriment to the public
health, safety or general welfare as requested by the City. The City is requesting a 30-foot-wide
multi-use trail easement dedication within the property owner’s property.
Z250005
Page 6 of 9
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve subject to the following conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “North Yard Zoning“, consisting of 1 full-size sheet, dated 2/26/25, and stamped
received 2/28/25, except as modified by the following conditions. Staff may determine
slight refinements to remain in substantial conformance with the approved site
plan. Minor and major amendments to the site plan will be determined in accordance with
Chapter 3 of the Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Modular Solutions, LTD”, consisting of 6 pages, dated 2/26/25, and stamped
received 2/28/25, except as modified by the following conditions.
c.
The following Planning 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 number of proposed
building lots/units, 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.
2.
43rd Avenue is a MCDOT maintained roadway classified as an arterial roadway.
The existing 55 foot R/W appears adequate pending the Traffic Study preparation
and review.
3.
A Traffic Study/Statement must be submitted with future entitlement (POD)
application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4)
https://www.maricopa.gov/DocumentCenter/View/303
4.
Off-site roadway improvements, including additional R/W dedication(s) may be
required pending the MCDOT approved Traffic Impact Study/Statement.
5.
Gated access(es) must provide an adequate turnaround area so that vehicles will
not back onto public roads.
6.
The above comments do not include identification of utilities or underground
facilities within or adjacent to the required right-of-way that may have prior rights
and/or require relocation.
7.
Engineering review of re-zone cases is conceptual in nature. 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.
Z250005
Page 7 of 9
d.
The following Maricopa County Environmental Services Department (MCESD) conditions
shall apply:
1.
A Minor Plan Review application must be submitted for any existing septic
system(s) if being utilized and if the applicant believes the existing system(s) are
adequate in size to support the new use; otherwise, a new septic permit/install
may be required.
2.
A Notice of Intent to Discharge application for a septic system is required for any
construction. Application must be submitted to the MCESD Onsite Wastewater
Program.
3.
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
4.
If conducting food service in unincorporated Maricopa, a grease trap will be
required by Onsite Wastewater program.
5.
Setback requirements must be maintained per Arizona Administrative Code, Title
18, Chapter 9, Article 312, C (Features Requiring Setbacks).
6.
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General
Permit and may require nitrogen treatment.
7.
An Approval to Construct application is required and must be submitted to
MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or
wastewater system infrastructure.
8.
A Water Service Agreement signed by the Utility is required and must be submitted
to MCESD’s Subdivision & Infrastructure Program if the site/development will be
provided with water and/or reclaimed water by a Utility. A Capacity Assurance
Form issued by the Utility is required to MCESD’s Subdivision & Infrastructure
Program if the site/development wastewater service is being provided by a Utility.
e.
The following City of Phoenix conditions shall apply:
1.
The site shall maintain a minimum 30-foot-wide building and landscape setback
along 43rd Avenue.
2.
Within the required landscape setbacks and landscaped right-of-way, minimum
2inch caliper, drought-tolerant, single-trunk, shade trees shall be planted 20 feet
on center or in equivalent groupings, with five 5-gallon drought-tolerant shrubs per
tree, and appropriate ground cover.
3.
A minimum of two green stormwater infrastructure (GSI) elements for stormwater
management shall be implemented, as approved or modified by the Planning and
Development and/or Street Transportation departments. This includes but is not
limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per
the Greater Phoenix Metro Green Infrastructure and Low Impact Development
Details for Alternative Stormwater Management.
Z250005
Page 8 of 9
4.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east
side of 43rd Avenue and a minimum 10-foot-wide multi-use trail (MUT) shall be
constructed within the easement, in accordance with the MAG supplemental detail
and as approved or modified by the Planning and Development Department.
5.
Any open use or storage area, where permitted, shall be enclosed by a six-foot-
high solid masonry wall.
6.
Fencing and walls oriented towards a public street or trail shall have a finished
appearance and contain decorative elements.
7.
Any lighting shall be placed to reflect the light away from existing adjacent
residential uses to the south.
8.
No noise, odor or vibration shall be emitted so that it exceeds the general level of
noise, odor or vibration emitted by uses outside the site. Such comparison shall be
made at the boundary of the site.
f.
Prior to precise Plan of Development approval, the applicant shall provide the Maricopa
County Planning and Development Department with an executed pre-annexation service
agreement with the City of Phoenix that identifies the detail for when the proposed project
will be annexed and the provision of water and sewer service. In lieu of pre-annexation
service agreement the developer must provide a ‘will serve’ letter from the certificated
water and sewer provider.
g.
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.
h.
Administrative approval of a Plan of Development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
i.
Prior to precise Plan of Development approval, a licensed engineering investigation of the
site shall be conducted and submitted identifying any land subsidence or earth fissuring
which affect the site and the report shall include suggested mitigation. The Final Plat shall
have a note that the property is within an area of known land subsidence and/or earth
fissuring. Further, notice that the property is in area of known land subsidence and/or
earth fissuring and a definition of both land subsidence and earth fissures shall be
displayed on the front door in the sales office, written in the covenants, conditions and
restrictions (CC&Rs), and written in any disclosure statements for conveyance
documents. However, if said report concludes negative impact regarding land subsidence
and/or earth fissuring the required notification should include such results.
Z250005
Page 9 of 9
j.
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
may be considered for revocation 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:
Daniel Johnson, Planner
Reviewed by:
Rachel Applegate, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (6 pages)
Planning Engineering comments (2 pages)
MCESD comments (2 pages)
City of Phoenix comments (2 pages)
Letters of Support (2 pages)
Applicant Correspondence (1 Page)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 4 approx.
Generated March 25, 2025 2:27 PM
Z250005
Application Name:
Legal Description
Modular Solutions
Applicant
Case Address
1N 2E 27
Guadalupe Alvarado
5417 S 43RD AVE
Applicant Phone/Email
Parcel Primary:105-69-452
(602) 605-8224
galvarado@mod-sol.com
PHOENIX, AZ 85041
Map scale 1:1,895
Supervisor District No.
Zone Change from existing RU-43 to proposing IND-2.
E
IRRBX
E
E
E
E
E
E
WV
EXISTING PARKING
EXISTING PARKING
EXISTING
GRAVEL AREA
EXISTING GRAVEL AREA
EXISTING ASPHALT PAVING
EXISTING STORAGE
CONTAINER
EXISTING STORAGE
CONTAINER
EXISTING STORAGE CONTAINER
EXISTING
RETENTION
POND
EXISTING ASPHALT PAVING
EXISTING ASPHALT PAVING
EXISTING
PARKING
EXISTING RETENTION POND
EXISTING GRAVEL AREA
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
EXISTING IRON FENCE
EXISTING CONCRETE SLAB
S. 43RD AVE. ROAD
55'
769'-1"
222'-2"
769'-1"
EXISTING CHAIN-LINK FENCE W/ PRIVACY SLATS
SET BACK
CHASSIS ASSEMBLY
10'
10'
SET BACK
10'
SET BACK
EXISTING
WELDING SHOP
EXISTING
WELDING SHOP
88'
40'
10'
SET BACK
EXISTING
ENTRANCE
GATE
EXISTING
POWER POLE
EXISTING
POWER POLE
EXISTING
POWER POLE
EXISTING
LIGHT POLE
EXISTING
LIGHT POLE
CENTER LINE OF '55' R.O.W.
EXISTING
LIGHT POLE
EXISTING CHAIN-LINK FENCE W/ PRIVACY SLATS
EXISTING
POWER POLE
43'
55'
EXISTING CANOPY
SOFT SET ALL TRADES
SOFT SET ALL TRADES
68'-3"
27'-10"
PROJECT:
DATE:
DRAWN:
CONTACT:
2000.01
26 February, 2025
DRW
CHK
PO BOX: 15507
PHOENIX, AZ 85060
MAIL:
5439 S. 43rd AVE.
PHOENIX, AZ 85041
PHYSICAL:
(602) 952-9741
The Complete Building Company
Modular
Solutions, Ltd.
(AZ FIRM REG. NO. 15990-0)
SHEET:
CASE #
ADDRESS:
This document is an instrument
of service only, and shall
remain the exclusive property
of Modular Solutions Ltd. No
reproduction or other use shall
be made by any person or firm
without the express written
permission of Modular
Solutions Ltd. Any
unauthorized use shall void the
architects seal and signature
hereon and no professional
liability will remain.
NO.
REVISION
DESCRIPTION
PROJECT:
PA2023146
NORTH YARD ZONNING
SITE SUMMARY TABLE
SECTION
1N
TOWNSHIP
27
RAGE
SUBDIVISION
LOT
ADDRESS
MCR
EXISTING ZONING USED
RU-43
2E
MARICOPA GARDENS FARMS
33
5421/ 5417 S. 43RD AVENUE
11-38
IND-2
GROSS ACREAGE
PARCEL NUMBER
105-69-452
PROPOSED ZONING
LOT SIZE
3.9
HEIGHT
10' MIN - 40' MAX
BUILDING SETBACKS
FRONT
55' RIGHT OF WAY PLUS 20' SETBACK
BACK
NORTH SIDE
SOUTH SIDE
CASE TRACKING NUMBER:
PA2023146
25' SETBACK MIN.
10' SETBACK MIN.
10' SETBACK MIN.
170,918 SQUARE FEET
SITE LEGEND
CMU BLOCK FENCE
WIRED FENCE
EXISTING IRON ROD METAL FENCE
IRON ROD METAL FENCE
NORTH
SCALE: 1" = 30'-0"
1
EXISTING SITE PLAN
VICINITY MAP
N.T.S.
NORTH
5421/ 5417 S. 43rd AVE.
PHOENIX, AZ 85041
A1.1
EXISTING SITE PLAN
OWNER;- MS IV HOLDING, LLC. PROJECT MANAGER:- Guadalupe Alvarado
3640 E. Turney Ave. 5439 S 43rd Ave,
Phoenix, Az 85041
Phoenix, AZ 85018 galvarado@mod-sol.com
jhart@mod-sol.com 602.605.8224
602-290-8236
DEVELOPER:- MODULAR SOLUTIONS LTD,
5439 S 43rd Ave,
Phoenix, AZ 85041
information@mod-sol.com
602-952-9741
02
25
25
/
/
Expires 6/30/2026
Z250005 RCVD 2/28/25
Z250005
North Yard Zoning
Z250005
2/26/25
Z250005 RCVD 2/28/25
Modular Solutions, Ltd.
This proposal seeks to rezone the subject property (APN 105-69-452), from RU-43 to
IND-2 for the entire 3.9-acre site. The Property is located at 5421/5417 S. 43rd Ave,
Phoenix, AZ 85041.
The requested IND-2 zoning designation will allow for the development of an industrial
complex to support office operations, welding, modular setup, and storage. This zoning
change aligns with the intended industrial use and supports the operational needs of
Modular Solutions, Ltd.
The Property’s location provides convenient access to major roadways, ensuring
efficient logistics and transportation for industrial activities. Additionally, the rezoning
would complement the surrounding land uses, fostering economic development in the
area
The site is ideally situated to support industrial development, serving the growing need
for modular construction, equipment storage, and operational space within Phoenix and
the surrounding areas. The proposed rezoning will facilitate the expansion of Modular
Solutions, Ltd., a company established in 1996 that has been a leader in modular
construction for nearly three decades.
The Property's strategic location provides excellent access to major transportation
routes, ensuring efficient logistics and distribution. Given its proximity to S. 43rd
Avenue, the site offers direct access to industrial and commercial hubs, making it highly
suitable for an industrial complex.
• Operational Overview
Business Hours: Monday through Saturday, 5:00 AM – 5:00 PM
• Workforce:
20 employees dedicated to industrial operations
• Primary Use:
Storage of industrial materials
Welding and modular soft set, all trades
Minor equipment maintenance
• Signage and Visibility
The property located at 5421/5417 S 43rd Ave, Phoenix, AZ 85041, is not directly
adjacent to any major freeways or highways. It is situated approximately 2 miles west of
Interstate 17 (I-17) and 3 miles south of Interstate 10 (I-10). As a result, it does not fall
within the classification of being near the main travel lanes of these major transportation
corridors. Given this distance, the property would not meet the standard proximity
requirements for freeway-oriented signage. The requested IND-2 zoning designation will
enable the Property to be developed in alignment with the area's industrial growth while
enhancing the long-term operational capabilities of Modular Solutions, Ltd.
The proposed IND-2 zoning designation is essential to support these operations,
ensuring compliance with industrial land-use requirements and facilitating efficient
workflow.
Located at 5421/5417 S 43rd Ave, Phoenix, AZ 85041, the subject property is currently
zoned RU-43 and is surrounded by a mix of industrial, commercial, and transitioning
rural land uses. Recent zoning adjustments in the area have transitioned multiple
properties to industrial classifications, aligning with the proposed IND-2 designation for
this site.
With direct access to major transportation routes and essential utilities, the property is
well-positioned for industrial development. Proximity to key roadways ensures efficient
logistics and transportation for industrial operations, minimizing potential traffic
congestion and supporting seamless freight movement. Additionally, the site's
infrastructure readiness, including access to utilities, further enhances its suitability for
industrial use.
Rezoning to IND-2 will enable the property to be utilized for modular setup, welding,
industrial storage, and equipment maintenance, contributing to the economic growth
and industrial expansion of the surrounding area. This aligns with broader regional
development trends, where industrial zoning has become increasingly prevalent to
support Phoenix’s growing commercial and manufacturing sectors.
Furthermore, we maintain positive relationships with J and D Rentals LLC and
neighboring property owners, fostering a collaborative and cooperative environment for
future industrial development.
As previously outlined, the site, located at 5421/5417 S 43rd Ave, Phoenix, AZ 85041,
will be accessed from S. 43rd Avenue, which serves as the primary route for entry and
exit. A preliminary review by engineering and the Maricopa County Department of
Transportation (MCDOT) has noted that S. 43rd Avenue is a key roadway for industrial
access, with necessary coordination required for any future improvements or
modifications.
The property's location offers convenient access to major arterial roadways, supporting
efficient transportation for industrial operations. The nearby Interstate 10 (I-10) and
Interstate 17 (I-17) corridors provide seamless connectivity for logistics, deliveries, and
workforce commuting. Additionally, the site is near State Route 202 (SR 202), further
enhancing transportation efficiency by offering an alternative route for regional and
interstate travel. This strategic positioning improves accessibility to key industrial hubs,
facilitating smooth commercial and manufacturing activities optimizing supply chain and
distribution networks.
Job Creation: The proposed IND-2 zoning will allow the expansion of a modular building
manufacturing facility, creating jobs across skilled trades, production, administration,
and neighborhood workforce.
Economic Growth: Increased property and business tax revenues will benefit public
services and infrastructure.
Infrastructure Utilization: The site’s proximity to transportation networks will optimize
logistics for modular building production and distribution.
Sustainability: Modular building manufacturing supports efficient construction methods,
reduced waste, and faster project timelines, contributing to sustainable development.
Power: SRP
Water: City of Phoenix
Sanitary Sewage: Septic System
The Wesley Community Center, located in south-central Phoenix, has been serving the
community since 1950, offering various programs and services is within one-mile of the
property.
The City of Phoenix & Maricopa County identifies the future land use designation of the
subject property at 5421/5417 S. 43rd Ave, Phoenix, AZ 85041 (APN 105-69-452) as
part of an industrial growth corridor, supporting the development of manufacturing,
logistics, and employment centers. The area is evolving with increased industrial
activity, aligning with the proposed IND-2 zoning designation.
The proposed industrial zoning is consistent with the surrounding land use patterns and
will complement the transitioning nature of the area, which includes existing industrial
and commercial operations. The rezoning will allow for the development of an industrial
complex, supporting office operations, welding, modular construction setup, equipment
maintenance, and material storage. This change directly aligns with the operational
needs of Modular Solutions, Ltd., a company specializing in modular construction since
1996.
The property’s strategic location ensures efficient access to major roadways, facilitating
logistics, transportation, and industrial activities. Additionally, rezoning to IND-2 will
enhance compatibility with neighboring land uses, contributing to the economic and
industrial growth of the region.
Expanding industrial zoning in this corridor will support employment opportunities and
strengthen The City of Phoenix and Maricopa County’s role as a manufacturing and
logistics hub, benefiting both local businesses and the broader community.
The requested rezone to IND-2 is justified as the surrounding industrial and commercial
developments, along with the property’s strategic location near major transportation
routes, make it well-suited for industrial land use. The existing industrial activity in the
area, along with transitioning rural properties, further supports this designation.
The proposed industrial complex will accommodate office operations, welding, modular
construction setup, equipment maintenance, and material storage, aligning with the
operational needs of Modular Solutions, Ltd., a company specializing in modular
construction since 1996. The property’s proximity to key roadways ensures efficient
logistics and transportation, optimizing its functionality for industrial activities.
The rezoning of the property to IND-2 will complement adjacent industrial and
commercial land uses, fostering further economic development and employment
opportunities in the region. We look forward to continuing to work with Maricopa County
on this project, and please let us know if there are any additional questions or
requirements.
Page 1 of 2
James Philbin, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-4362
www.maricopa.gov/planning
Email address:
james.philbin@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
March 13, 2025
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Daniel Johnson, Planner, Planning & Development Services
From:
James Philbin, P.E., Plans Examiner Engineer, Planning &
Development Services
cc:
Bob Fedorka, P.E., Engineering Manager, Planning & Development
Doug Jones, P.E., Engineering Supervisor, Planning & Development
Subject:
Z250005 - Zone Change (RU-43 to IND-2)
(E1 Memo)
Job Site Address: 5417 S 43rd Ave, Phoenix, AZ 85041
APN(s): 105-69-452
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the Zone Change application routed for review on February 27, 2025,
and has no objections subject to the following conditions:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed building
lots/units, 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.
2. 43rd Avenue is a MCDOT maintained roadway classified as an arterial roadway.
The existing 55 foot R/W appears adequate pending the Traffic Study preparation
and review.
3. A Traffic Study/Statement must be submitted with future entitlement (POD)
application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4)
https://www.maricopa.gov/DocumentCenter/View/303
4. Off-site roadway improvements, including additional R/W dedication(s) may be
required pending the MCDOT approved Traffic Impact Study/Statement.
Page 2 of 2
5. Gated access(es) must provide an adequate turnaround area so that vehicles will
not back onto public roads.
6. The above comments do not include identification of utilities or underground
facilities within or adjacent to the required right-of-way that may have prior rights
and/or require relocation.
7. Engineering review of re-zone cases is conceptual in nature. 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.
Please contact me if you have any questions or require any additional information.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
S u b d i vi s io n @ m a ri co p a .go v
e s d .m a r i c o pa .g o v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Modular Solution, LTD planning case(s). Please note the following MCESD
requirements for site development:
Onsite Wastewater (Septic) –
A Minor Plan Review application must be submitted for any existing septic system(s) if
being utilized and if the applicant believes the existing system(s) are adequate in size to
support the new use; otherwise, a new septic permit/install may be required.
A Notice of Intent to Discharge application for a septic system is required for any
construction. Application must be submitted to the MCESD Onsite Wastewater Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
•
If conducting food service in unincorporated Maricopa, a grease trap will be
required by Onsite Wastewater program.
•
Setback requirements must be maintained per Arizona Administrative Code, Title
18, Chapter 9, Article 312, C (Features Requiring Setbacks).
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit and
may require nitrogen treatment.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Subdivision Infrastructure and Planning –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
Project Name: Modular Solution, LTD
Primary Contact Name: Gaudalupe
Alvarado
Planning Application Type: Zone Change
APN(s): 105-69-452
Reviewer: Elliott Wheaton, P.E.
Email: Elliott.Wheaton@maricopa.gov
Phone: 602-376-6035
Planner Name: Daniel Johnson
Planning Case #: Z250005
Date: March 13, 2025
Water and Waste Management Division
Page | 2
A Water Service Agreement signed by the Utility is required and must be submitted to
MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with
water and/or reclaimed water by a Utility. A Capacity Assurance Form issued by the Utility
is required to MCESD’s Subdivision & Infrastructure Program if the site/development
wastewater service is being provided by a Utility.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Z250005 RCVD 4/8/25
From:
Peter Batschelet <pbatschelet@leearizona.com>
Sent:
Friday, April 11, 2025 2:14 PM
To:
Daniel Johnson (PND)
Subject:
CASE #: Z250005 - Modular Solutions LTD
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the
county.
Good afternoon, Daniel.
I am the owner of the property to the north. I approve of the rezone application.
Thank you.
Pete Batschelet, SIOR
Principal
Lee & Associates | Arizona
D 602.912.3522
C 602.579.0749
pbatschelet@leearizona.com
____________________________________
5090 N 40th Street | Suite 300
Phoenix, Arizona 85018
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of
the intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use, disclosure
or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender
by return e-mail, and delete the original message and all copies from your system. Thank you.
P.O. Box 15507
Phoenix, Arizona 85060
Tel: 602-605-8224
E-mail: galvarado@mod-sol.com
April 15TH, 2025
Draft Conditions
Daniel Johnson, Planner
301 W. Jefferson Street
Suite 170
Phoenix, AZ 85003
RE: Z250005 – REZONING FROM RU-43 TO IND-2 TO ALLOW A MODULAR BUILDING MANUFACTURING FACILITY LOCATED AT
5417 SOUTH 43RD AVENUE
Modular Solutions is fine with the conditions listed ‘a’ – ‘j’ with the approval of the Board of Supervisors for our rezoning request.
The list below is in response to the City of Phoenix stipulations to Z250005 REZONING FROM RU-43 TO IND-2. We also attached
supporting documents and approved documents by Maricopa County Planning and Development Department.
1.
The site will maintain a minimum 30-foot-wide building & landscape setback along 43rd Avenue. See attachment
for Maricopa County approved site plans and existing site plan.
2.
Within the landscape setbacks area, all the requested items are already existing. See attached existing site plan
and receipt for the vegetations planted in landscape area.
3.
Retention areas for stormwater is existing on site, per approved drawings and existing site plan; see attachments.
4.
A 30-foot-wide easement exists along the east of 43rd Avenue within the 10-foot-wide MUT easement. See
attachments for approved drawings and existing site plan.
5.
The chain link with slats was installed under the directions of Maricopa County Planning and Development; see
attached approved plans by Maricopa County Planning and Development.
6.
Fencing along the public street was permitted, inspected, and passed by Maricopa County approval. See
attachments.
7.
No lights are installed by any adjacent residential property. See attached existing site plan.
8.
There is no noise, odor, or vibration that exceeds outside the property. This property has been operating for years
and has very well maintained the noise, odor, or any vibration within our boundaries.
If you have any questions or comments, please feel free to contact me. Thank you.
Sincerely,
Guadalupe Alvarado
Architectural Designer
Modular Solutions, LTD