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December 7, 2022
Z2022100
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
December 7, 2022
Case #/Title:
Z2022100 – Black Rock Coffee
Supervisor District:
3
Applicant/Owner:
Shaine T. Alleman, Tiffany & Bosco, P.A. / 7960 East Thompson
Peak Parkway LLC
Request:
Zone Change with Overlay from C-O to C-1 CUPD
Site Location:
Generally located at the NWC of King Rd. & Gavilan Peak
Pkwy. in the Anthem area
Site Size:
Approximately 0.88 acres
County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies.
This case seeks to rezone an under-utilized parcel currently
zoned
commercial
office
(C-O)
to
neighborhood
commercial (C-1) with an overlay that seeks to waive the
requirements for parking lot screening and reduce the
distance between audible menu boards and residential
zones in anticipation of the drive-through typically used by
Black Rock Coffee. Staff sees no negative impact to the
requested reduction in the audible menu-board speaker and
waiver for site screening as the only affected parcel, although
zoned residential, currently serves as a platted drainage tract
and beyond that Boulder Creek High School’s eastern
baseball field. The speaker box would be approximately 350’
from the fenced back yard boundary of the closest residence
across Gavilan Peak Pkwy. Staff will encourage a site design
that orients the speaker box toward the west, north and south
and away from the residential subdivision to the east across
Gavilan Peak Pkwy. Staff has no concerns as there will be no
impact to the residences across Gavilan Peak Pkwy to the
east.
Commission
Recommendation:
On 11/3/22, the Commission voted 9-0 to recommend
approval of Z2022100 subject to conditions ‘a’ – ‘g’:
December 7, 2022
Z2022100
Page 2 of 3
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled ‘Black Rock Coffee Bar Black Rock Coffee’ consisting of 1 page, dated
August 3, 2022, and stamped received September 15, 2022, except as modified
by the following conditions. Staff may determine slight refinements to remain in
substantial conformance with the approved narrative. Minor and major
amendments to the narrative 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 “NEC of Gavilan Peak Parkway & King Drive Proposed Rezone from
C-O to C-1 CUPD”, consisting of 11 pages, stamped received October 21, 2022,
except as modified by the following conditions.
c.
The following CUPD standards shall apply:
1.
Menu-boards for drive-thru restaurants containing speakers shall not be
located any closer than 90 feet to a Rural or Residential zone
2.
A solid wall shall not be required along and adjacent to any side or rear
property line abutting any rural or residential zone boundary.
3.
Adjacent to any rural or residential zone parking areas shall not be
screened from view.
4.
Uses Permitted – Cafes, including drive-through but not including those
having dancing or shows, or drive-in car service. The sale of alcoholic
beverages for on-site consumption only may be permitted as an accessory
use if the kitchen facilities in the restaurant do not exceed 20% of the floor
area. Patios, cocktail lounges, and outside dining and drinking area shall
be limited to a space serving no more than 50 patrons, and no
entertainment or music shall be audible off site.
d.
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.
e.
The Following 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. A traffic impact study must be submitted with future entitlement (POD)
application(s).
3. The applicant shall coordinate with MCDOT, who has initiated a
Transportation Improvement Project (TT0662) involving the signalization of
December 7, 2022
Z2022100
Page 3 of 3
King Drive and Gavilan Peak Pkwy, with future entitlement (POD)
application(s).
4. 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.
f.
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.
g.
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:
Daniel Johnson, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
11/3/22 P&Z Packet (25 pages)
Note:
11/3/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2022100
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022100 – Black Rock Coffee
Hearing Date:
November 3, 2022
Supervisor Districts:
3
Applicant:
Shaine T. Alleman, Tiffany & Bosco, P.A.
Owner:
7960 East Thompson Peak Parkway LLC
Request:
Zone Change with Overlay from C-O to C-1 CUPD
Site Location:
Generally located at the NWC of King Rd. & Gavilan Peak Pkwy. in
the Anthem area
Site Size:
Approx. 0.88 acres.
Density:
N/A
County Island:
N/A
County Plan:
Daisy Mountain/New River Area Plan – Anthem DMP
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2022100
Page 2 of 9
Project Summary:
1.
The applicant is requesting to rezone approximately 0.88 acres at the northwest corner
of Gavilan Peak Parkway and King Rd. (APN 203-10-935) from C-O to C-1 CUPD to
accommodate a coffee shop with drive-through speaker menus adjacent to rural and
residential zoning districts.
2.
The Maricopa County Board of Supervisors (BOS) approved the original zone change
request from Rural-43 (SUP) [SUP related to Excess Waste Water Treatment Plant parcels]
to C-O CUPD on October 18, 2006 with conditions ‘a’ – ‘e’ for the 10.9 acres located west
of Gavilan Parkway and north of Daisy Mountain Drive (ref.#Z2005115). The BOS then
subsequently approved a final plat for a commercial office (ref.#S2004081), splitting the
0.88 acres from the rest of the site, referred to as Parcel 3A in the final plat (MCR#1016-
13). Parcel 3B has since developed into an indoor – outdoor storage facility. No precise
plan of development for a commercial office had ever been filed for the subject Parcel
3A.
3.
The applicant requests a rezone of the subject Parcel 3A from C-O CUPD to C-1 CUPD for
the purpose of a drive-through coffee restaurant; a precise POD will be submitted
separately at a later date. Site screening waivers from a residential zone from MCZO
articles 803.9.4.A & 1102.7.5 are requested with this rezone along with a reduction in
audible speaker-board menu from a residential zone as required per Article 1403.2.4.5.
The MCZO requires menu-boards for drive-thru restaurants in Commercial zoning districts
containing speakers not be located any closer than two hundred (200) feet to a Rural or
Residential zone. The applicant requests that this distance be reduced to ninety (90) feet.
Although the site is adjacent a residentially zoned parcel to the northwest, this parcel is
exclusively used as a drainage tract and is not developed for a residential use. For this
reason, the applicant is requesting the following deviations shown in the chart below with
changes in bold.
Regulation
Zoning Regulation C-1
Proposed Zoning
District
Regulation (C-1 CUPD)
Perimeter Screening
Article 803.9.4.A
Min. 6’ high solid wall
adjacent residential zone.
Waive
Parking Screening
Article 1102.7.5
Parking
areas
screened
adjacent residential zone.
Waive
Menu-Boards for Drive-Thru
Restaurants
Article 1403.2.4.5
Containing speakers shall
not be located closer than
two-hundred (200) feet to a
residential zone.
Containing speakers shall
not be located closer than
ninety
(90)
feet
to
a
residential zone.
Z2022100
Page 3 of 9
Aerial Photo of subject site.
Z2022100
Page 4 of 9
Existing Zoning Map
Z2022100
Page 5 of 9
Proposed Zoning Exhibit for Black Rock Coffee
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
C-O / Vacant
North:
R-2 / Drainage tract then Boulder Creek High School (baseball field)
South:
C-O / Indoor – Outdoor Storage (Anthem Storage & RV)
East:
Gavilan Peak Pkwy then R1-7 / Anthem Unit 6 Tract A
West:
C-O / Indoor – Outdoor Storage (Anthem Storage & RV)
Utilities and Services:
Z2022100
Page 6 of 9
5.
Water:
Epcor
Wastewater:
Epcor
School District:
Deer Valley Unified
Fire:
Daisy Mountain
Police:
Maricopa County Sheriff’s Office
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
Gavilan Peak
Pkwy
65’
65’
Major Arterial
Adopted Plans:
7.
Anthem Development Master Plan (DMP) (originally adopted per DMP 94-06, amended
through DMP200008 approved October 18, 2000): The DMP designates the site as mixed-
use commercial.
8.
Daisy Mountain / New River Area Plan (adopted November 20, 2019): County Area Plan
designating the area as being within the Anthem Development Master Plan.
Public Participation Summary:
9.
The applicant posted the property and notified all property owners within 300’ of the
subject site in accordance with the Maricopa County Public Participation Guidelines.
Registered areas of interest were contacted by the applicant and staff regarding the
rezoning request. Anthem Community Council was also contacted and expressed
support for the rezone. To date, no opposition has been received. Staff must assume the
most impacted property owners are not concerned with the request.
Outstanding Concerns from Reviewing Agencies:
10.
N/A.
Staff Analysis:
11.
Since the site remained vacant and under-utilized under its current commercial office
zoning for 26 years, a zone change for a new commercial service reflects the demand
for services considered in concert with the surrounding area since the new zoning would
allow for an additional business to cater to the community’s needs. This case seeks to
adjust the C-1 requirements for parking lot screening and audible menu boards in
anticipation of the drive-through typically used by Black Rock Coffee.
Z2022100
Page 7 of 9
12.
Staff sees no negative impact to the requested reduction in the audible menu-board
speaker and waiver for site screening as the only affected parcel, although zoned
residential, currently serves as a platted drainage tract and beyond that Boulder Creek
High School eastern baseball field. The speaker box would be approximately 350’ from
the fenced back yard boundary of the closest residence across Gavilan Peak Pkwy. Staff
will encourage a site design that orients the speaker box toward the west, north and
south and away from the residential subdivision to the east across Gavilan Peak Pkwy.
Staff has no concerns as there will be no impact to the residences across Gavilan Peak
Pkwy to the east.
13.
As a requirement for Plan of Development, a traffic study will be submitted. Staff notes
the ingress easement to the site may be impacted by a vehicle waiting queue entering
the drive-through with the potential to cause a traffic queue on Gavilan Peak Pkwy, but
the applicant has proposed a design to mitigate this by encouraging the perimeter of
the site for use as a drive-through queue as well as utilizing a double merging drive-
through to mitigate a traffic queue from forming on Gavilan Peak Pkwy. The drive-through
exit is strategically located at an egress point near the western boundary of the property
to provide easy egress from the site. The Maricopa County Department of Transportation
provided a letter to the applicant with plans for a traffic signal to be installed at the
nearest intersection to further advance traffic flows in the area per MCDOT project
TT0662. The developer will work with the County to address traffic considerations for
access and circulation.
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022100 subject to the following conditions ‘a’ – ‘e’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled ‘Black Rock Coffee Bar Black Rock Coffee’ consisting of 1 page, dated
August 3, 2022, and stamped received September 15, 2022, except as modified
by the following conditions. Staff may determine slight refinements to remain in
substantial conformance with the approved narrative. Minor and major
amendments to the narrative 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 “NEC of Gavilan Peak Parkway & King Drive Proposed Rezone from
C-O to C-1 CUPD”, consisting of 11 pages, stamped received October 21, 2022,
except as modified by the following conditions.
c.
The following CUPD standards shall apply:
1.
Menu-boards for drive-thru restaurants containing speakers shall not be
located any closer than 90 feet to a Rural or Residential zone
2.
A solid wall shall not be required along and adjacent to any side or rear
property line abutting any rural or residential zone boundary.
3.
Adjacent to any rural or residential zone parking areas shall not be
screened from view.
Z2022100
Page 8 of 9
4.
Uses Permitted – Cafes, including drive-through but not including those
having dancing or shows, or drive-in car service. The sale of alcoholic
beverages for on-site consumption only may be permitted as an accessory
use if the kitchen facilities in the restaurant do not exceed 20% of the floor
area. Patios, cocktail lounges, and outside dining and drinking area shall
be limited to a space serving no more than 50 patrons, and no
entertainment or music shall be audible off site.
d.
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.
e.
The Following 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. A traffic impact study must be submitted with future entitlement (POD)
application(s).
3. The applicant shall coordinate with MCDOT, who has initiated a
Transportation Improvement Project (TT0662) involving the signalization of
King Drive and Gavilan Peak Pkwy, with future entitlement (POD)
application(s).
4. 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.
f.
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.
g.
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
Z2022100
Page 9 of 9
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:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Zoning Exhibit (1 page)
Narrative Report (11 pages)
PND Engineering statement (1 page)
MCESD statement (1 page)
MCRED Letter regarding MCDOT project TT0662 (1 page)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 0.88 approx.
Generated October 19, 2022 09:12 AM
Z2022100
Application Name:
Legal Description
Black Rock Coffee EDR
Applicant
Case Address
,
Shaine T. Alleman for Tiffany & Bosco P.A.
40008 N GAVILAN PEAK Pkwy
Applicant Phone/Email
Parcel Primary:
602.452.2712
mstokey@tblaw.com
PHOENIX AZ 85086
Map scale 1:706
Supervisor District No.
203-10-935
DRIVE THRU COFFEE SHOP
5.3585 in
30'-0"
PUBLIC UTILITY
EASEMENT
PROPOSED BLACK
ROCK COFFEE BAR
1,887 S.F.
98'-0"
24'-0"
LANDSCAPE EASEMENT
N GAVILAN PEAK PKWY
W KING DRIVE
EASEMENT FOR
ACCESS
8
PATIO
300 S.F.
25'-0"
20'-0"
4
7
12'-0"
24'-0"
31'-11"
30'-0"
26'-2"
LOCUS MAP
N.T.S.
PROPERTY LINE
BUIDING/LANDSCAPE SETBACK
SAWCUT LINE
PROPOSED FIRE LANE MARKING
CURB & GUTTER
CURB INLET
BEEHIVE ARE INLET
JUNCTION BOX
ELECTRICAL METER
GAS METER
PARKING COUNT
TRANSFOMER
WATER METER
BACKFLOR PREVENTER
TRAFFIC FLOW ARROW
INVERTED "U" BIKE RACK
AREA LIGHTS
FIRE LANE
E
G
#
T
W
B
LEGEND
ZONING:
SETBACKS
ALLOWED USES: OFFICE/LABS/BANKS
LOT AREA:
LOT WIDTH:
BUILDING AREA:
MAX LOT COVERAGE 35%:
PARKING REQUIRED
OUTDOOR SEATING AREA
TOTAL PARKING PROVIDED:
ACCESSIBLE PARKING REQUIRED (INCLUDING VAN ACCESSIBLE):
1SPACE (1 VAN ACCESSIBLE SPACE)
C - O COMMERCIAL OFFICE ZONING DISTRICT
10'
5'
5'
PROPOSED USE: RESTAURANT/DRIVE THROUGH
12,000 SF REQUIRED/38,361 SF PROVIDED
60' REQUIRED/177.57' PROVIDED
1,887 SF
5.2%
BUILDING 1,887/250 = 8 SPACES REQUIRED
8
19 SPACES
PROVIDED:
2 SPACE (1 VAN ACCESSIBLE SPACE)
FRONT
SIDE
REAR
REFERENCE:
ALTA/NSPS LAND TITLE SURVEY 39905 N 100TH
AVENUE ANTHEM, AZ DATE: 5/9/17 PREPARED BY
SUPERIOR SURVEYING SERVICES, INC 2122 W.
LONE CACTUS DRIVE SUITE 11 PHOENIX, AZ 85027
PATIO AREA:
300 SF
BUILDING 300/100 = 3 SPACES REQUIRED
TOTAL = 11 SPACES REQUIRED
20'
40'
10'
0'
SCALE
1 INCH - 20 FL
NORTH
2233 EAST THOMAS ROAD, PHOENIX, ARIZONA 85016
602-955-3900
RKAA.com
NOTICE OF ALTERNATE BILLING OR PAYMENT CYCLE:
THIS CONTRACT MAY ALLOW THE OWNER TO REQUIRE
THE SUBMISSION OF BILLINGS OR ESTIMATES IN
BILLING CYCLES OTHER THAN THIRTY DAYS. THIS
CONTRACT MAY ALLOW OWNER TO MAKE PAYMENT
O N S O M E A L T E R N A T I V E S C H E D U L E A F T E R
CERTIFICATION AND APPROVAL OF BILLING AND
ESTIMATES. A WRITTEN DESCRIPTION OF SUCH OTHER
BILLING CYCLE APPLICABLE TO THE PROJECT IS
AVAILABLE FROM OWNER OR DESIGNATED AGENT.
PRELIMINARY
project #:
drawn by:
checked by:
design by:
COPYRIGHT 2021, ALL RIGHTS RESERVED. THIS
DRAWING IS AN INSTRUMENT OF SERVICE. IT IS THE
PROPERTY OF RKAA ARCHITECTS, INC. AND MAY NOT BE
REPRODUCED, OR REPRODUCTION HEREOF USED,
W I T H O U T W R I T T E N P E R M I S S I O N O F T H E
C O R P O R A T I O N . I
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--
22200
08/03/2022
BLACK ROCK COFFEE BAR
BLACK ROCK COFFEE
W KING DRIVE & GAVILAN PKWY
ANTHEM, AMRICOPA COUNTY, AZ
NAME
ADDRESS
ADDRESS
CONTACT: Name
PHONE:
NORTH
SP1
GDB
SITE PLAN
Z2022100 RCVD 09/15/2022
NEC of Gavilan Peak Parkway & King Drive
Proposed Rezone from C-O to C-1 CUPD
Maricopa County
Zone Change Submittal – Case # Z2022100
Representative Name:
Shaine Alleman, Tiffany & Bosco
2525 E. Camelback Road
Seventh Floor
Phoenix, AZ 85016
602.452.2712
sta@tblaw.com
Z2022100 RCVD
10/21/22
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
2
PROJECT PROFILE
Project Name
Black Rock Coffee Bar
Property Owner
7960 E. Thompson Peak Parkway, LLC
Assessor Parcel Numbers
203-10-935
Project Location
Generally located at the northwest corner of N.
Gavilan Peak Parkway and W. King Drive, New
River, AZ 85086
Project Area
0.88 Acres
Current Zoning
C-O – Commercial Office
General Plan
Daisy Mountain / Anthem DMP
Development Team
Developer
Kroot & Associates
Andy Kroot
4102 E. Indian School Road
Phoenix, Arizona 85018
Legal Counsel
Tiffany & Bosco, P.A.
Shaine T. Alleman
Seventh Floor, Camelback Esplanade II
2525 East Camelback Road
Phoenix, Arizona 85016
Architecture
Harrison French & Associates
1705 S. Walton Boulevard, Suite 3
Bentonville, Arkansas 72712
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
3
Purpose of Request
The purpose of this request is to rezone an approximately 0.88 acres parcel generally
located northwest of the intersection of Gavilan Peak Parkway and King Drive, and is
identified with Maricopa County Assessor Parcel Number 203-10-935 (the “Property”). The
Property is also known as Parcel 3A within the Anthem Commercial subdivision
(MCR1016-13). The attached Exhibits A & B – Aerial Exhibits have been included with this
narrative to illustrate the location of the Property and the surrounding area.
The Property is currently zoned in Maricopa County as C-O, Commercial Office. The
purpose of this proposal is to rezone the Property to C-1 Neighborhood Commercial with
a Commercial Plan of Development (CUPD) to allow for the construction of a drive-thru
coffee bar known as Black Rock Coffee Bar (“Black Rock”). Black Rock Coffee Bar is a
national boutique coffee shop that is known for its premium roasted coffees, teas,
smoothies and Fuel Energy drinks prepared and served by the Black Rock team of baristas.
The expanding coffee company first opened in Oregon in 2008 and now operates over
100 locations in seven states, including 23 locations in Arizona. Black Rock primarily
operates in the East Valley and Phoenix, however, they are seeking to expand its presence
in the northwest Valley with a new location on the Property. Below is a rendering of one
of its Arizona locations.
Description of Property & Surrounding Land Use Context
The Property has been vacant and underutilized for many years. To the northwest of the
Property is a vacant wash area, and beyond the vacant wash is Boulder Creek High School.
Across Gavilan Peak Parkway to the northeast is another vacant wash area beyond which
is a large enclave of single family homes. Across Gavilan Peak Parkway to the southeast is
Christ’s Church of the Valley. To the south of the Property is an indoor and outdoor
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
4
storage facility (Anthem Storage & RV) which encompasses almost 7.5 acres on the north
and south side of King Drive.
The Property remains vacant and undeveloped with almost all other parcels in the area
being developed. The approval of the rezoning will allow for a successful operation and a
neighborhood services use, which is in line with the original intentions of the Property
and surrounding area.
The Property is currently within unincorporated Maricopa County and is recognized as
commercial uses within the Anthem Development Master Plan. The Property is outside
the City of Phoenix planning area and is shown on the Phoenix General Plan as an
“Undesignated Area.”
The Property is ideally located for the proposed drive thru coffee bar given the proximity
to the adjacent commercial uses to the west and south of the Property and the large
commercial centers located to the south at the intersection of Daisy Mountain Drive and
Gavilan Peak Parkway. The wash to the north and the main thoroughfare of Gavilan Peak
Parkway also provide a nice buffer to further land uses beyond the Property.
Due to the adjacent commercial uses and the buffering of the wash and streets, the
proposed development will have no detrimental impacts on neighboring properties as
the use is compatible with the established land uses and provides a neighborhood service
that will be welcome to the residents in the area.
Location and Accessibility
The Property is in a perfect location to provide the neighborhood services provided by
the proposed Black Rock use. The access to the Property is from King Drive and is near
the intersection of Gavilan Peak Parkway and King Drive, which provides full circulation
and access to the Property.
Curb, gutter, sidewalk, and related improvements have been constructed on the Gavilan
Peak Parkway frontage. Curb and gutter has been constructed along King Drive. The
developer is aware that the King Drive frontage may require additional right-of-way
improvements. These improvement, along with the exact location and design, will be
determined during the Plan of Development application process.
The Property owner has conducted discussions with Maricopa County regarding the
Property and access, and was provided a letter dated January 26, 2022 (provided with this
Application) indicating that the Maricopa County Department of Transportation is
planning on installing a traffic signal at the nearby intersection to further advance traffic
flows in the area. The developer will work with the County during the Plan of Development
application process to meet the required traffic considerations for access and circulation.
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
5
The required traffic study will be provided at the time of the Plan of Development
Application.
Proposed C-1 CUPD Development
The request to rezone the Property from C-O to the C-1 zoning district with a CUPD
overlay will enable the developer to develop the Property with drive thru coffee bar, which
is considered a ”Restaurant and cafes, including drive-through…Patios...and outside
dining and drinking areas shall be limited to a space serving no more than 50 patrons…”
under the Maricopa County Zoning Ordinance (MCZO), Chapter 803.2.39 – C-1
Neighborhood Commercial Zoning District, Use Regulations. The Conceptual Site Plan
provided with this Application exhibits the layout of the proposed use and development.
As shown on the Conceptual Site Plan, the proposed building is approximately 1,887 sq.
ft. located on the western portion of the Property. There will also be a 300 sq. ft. patio
area for the patron. The Conceptual Site Plan depicts an ingress/egress point at the center
of the south Property boundary line and an egress only on the most western portion of
the Property from W. King Drive. The Conceptual Site Plan proposes a drive-thru with the
entry at the main ingress/egress point and with the que beginning at the north of the
Property and traversing around a perimeter lane on the Property. A trash receptacle is
located at the northeast corner of the Property
The drive thru exit is strategically located at an egress point near the western boundary
of the Property to provide an easy exit route. The drive-thru starts as two lanes for entry
which consolidate into one queue. The drive-thru speaker box will be located near the
merging of the drive-thru lane.
This drive thru configuration has proven to mitigate potential congestion issues during
peak hours. However, Black Rock Coffee Bars also offer patrons the ability to dine inside
the building. Sufficient parking is provided, including 19 total spaces (1 ADA space). Black
Rock’s typical operating hours are from 5:00 a.m. and 9:00 p.m. and has approximately six
employees at peak hours.
Summary of Proposed C-1 CUPD Development Standards
The chart below further outlines the proposed development standards from the C-1
Development Standards under MCZO, Chapter 8. Proposed deviations from the C-1
Development Standards, as part of the CUPD request, are shown in the chart below. All
other applicable C-1 development standards not addressed herein shall be applicable.
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
6
Commercial Unit Plan of Development Standards Summary
Yard Regulation
Base Zoning District
Regulation (C-1)
Proposed Zoning District
Regulation (C-1 CUPD)
Perimeter Screening
(Article 803.9.4.a)
Min. 6’ solid wall when
adjacent to rural or residential
zone
Waive
Parking Screening
(Article 1102.7.5)
Parking areas screened
adjacent to rural or residential
zone
Waive
Menu-Boards for Drive-
Thru Restaurants
(Article 1403.2.4.5)
Containing speakers shall not
be located any closer than
two-hundred (200) feet to a
rural or residential zone.
Containing speakers shall not
be located any closer than
ninety (90) feet to a rural or
residential zone.
The CUPD Request Meets MCZO Requirements
The MCZO states “the purpose of the Commercial Unit Plan of Development is to allow
variations in development standards in commercial which require special design
techniques or flexibility due to topography, innovative or sustainable project design, or
other considerations.” No additional deviations are necessary and all other zoning
regulations not described herein will comply with the provisions of the MCZO.
Development Schedule
The developer intends to improve the Property in one phase with the proposed Black
Rock Coffee Bar use upon approval of the necessary Plan of Development and permits
required for development. This construction will also include any necessary right-of-way
improvements, as required.
Community Facilities and Services
Utility service to the site is anticipated to be provided by the EPCOR for water and sewer.
The Applicant will continue discussions with the EPCOR for providing water and sewer
services to the Property to meet sufficient capacities to service the proposed
development.
Public Utilities and Services
The following table outlines the various public utilities and services for the Property.
UTILITY COMMENT TABLE
Cable Television
Cox Communications
(623) 594-7298
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
7
Century Link
(877) 720-3428
Electricity
APS
(602) 236-8833
Refuse
Republic Waste
Telephone
Cox Communications
(623) 594-7298
Century Link
(877) 348-9001
Water and Sewer
EPCOR
Fire Protection Services
Daisy Mountain Fire & Medical
Department
Police Services
Maricopa County Sheriff
Drainage
A Preliminary Drainage Report will be submitted to Maricopa County at the time of the
Plan of Development Application.
Public Outreach and Response to Citizen Input
The Applicant will conduct a thorough public outreach effort as part of the rezoning
application. These efforts will include outreach letters to property owners within 300’ of
the Property, HOA’s within 300’ of the Property, and the registered Interested Parties List.
This process is specifically addressed in detail within the separate Citizen Participation
Plan document submitted with this Rezoning Application.
Conclusion
The proposed rezoning of the Property to C-1 will allow Black Rock to construct a drive-
thru coffee bar on a parcel that is currently not utilized for any purpose. The original vision
for the parcel and the surrounding area was to provide commercial and neighborhood
services to the nearby residents. The location of the Black Rock Coffee Bar will provide
NEC of Gavilan Peak Parkway & King Drive
Rezoning Application – C-O to C-1 CUPD
8
just that and be a welcome benefit to the local residents. The request is also consistent
with the Anthem DMP and other County-related regulation documents.
We respectfully request the rezoning of the Property to a C-1 CUPD zoning designation
to allow for the proposed use and development. We look forward to working with County
staff on this proposed development.
Exhibit A - Regional Context Aerial Map
NWC Gavilan Peak Pkwy & King Dr.
APN: 203-10-935
Acres: 0.88
Subject
Property
I - 17
Exhibit B - Context Aerial Map
NWC Gavilan Peak Pkwy & King Dr.
Subject
Property
30'-0"
PUBLIC UTILITY
EASEMENT
PROPOSED BLACK
ROCK COFFEE BAR
1,887 S.F.
98'-0"
24'-0"
LANDSCAPE EASEMENT
N GAVILAN PEAK PKWY
W KING DRIVE
EASEMENT FOR
ACCESS
8
PATIO
300 S.F.
25'-0"
20'-0"
4
7
12'-0"
24'-0"
31'-11"
30'-0"
26'-2"
LOCUS MAP
N.T.S.
PROPERTY LINE
BUIDING/LANDSCAPE SETBACK
SAWCUT LINE
PROPOSED FIRE LANE MARKING
CURB & GUTTER
CURB INLET
BEEHIVE ARE INLET
JUNCTION BOX
ELECTRICAL METER
GAS METER
PARKING COUNT
TRANSFOMER
WATER METER
BACKFLOR PREVENTER
TRAFFIC FLOW ARROW
INVERTED "U" BIKE RACK
AREA LIGHTS
FIRE LANE
E
G
#
T
W
B
LEGEND
ZONING:
SETBACKS
ALLOWED USES: OFFICE/LABS/BANKS
LOT AREA:
LOT WIDTH:
BUILDING AREA:
MAX LOT COVERAGE 35%:
PARKING REQUIRED
OUTDOOR SEATING AREA
TOTAL PARKING PROVIDED:
ACCESSIBLE PARKING REQUIRED (INCLUDING VAN ACCESSIBLE):
1SPACE (1 VAN ACCESSIBLE SPACE)
C - O COMMERCIAL OFFICE ZONING DISTRICT
10'
5'
5'
PROPOSED USE: RESTAURANT/DRIVE THROUGH
12,000 SF REQUIRED/38,361 SF PROVIDED
60' REQUIRED/177.57' PROVIDED
1,887 SF
5.2%
BUILDING 1,887/250 = 8 SPACES REQUIRED
8
19 SPACES
PROVIDED:
2 SPACE (1 VAN ACCESSIBLE SPACE)
FRONT
SIDE
REAR
REFERENCE:
ALTA/NSPS LAND TITLE SURVEY 39905 N 100TH
AVENUE ANTHEM, AZ DATE: 5/9/17 PREPARED BY
SUPERIOR SURVEYING SERVICES, INC 2122 W.
LONE CACTUS DRIVE SUITE 11 PHOENIX, AZ 85027
PATIO AREA:
300 SF
BUILDING 300/100 = 3 SPACES REQUIRED
TOTAL = 11 SPACES REQUIRED
20'
40'
10'
0'
SCALE
1 INCH - 20 FL
NORTH
2233 EAST THOMAS ROAD, PHOENIX, ARIZONA 85016
602-955-3900
RKAA.com
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22200
08/03/2022
BLACK ROCK COFFEE BAR
BLACK ROCK COFFEE
W KING DRIVE & GAVILAN PKWY
ANTHEM, AMRICOPA COUNTY, AZ
NAME
ADDRESS
ADDRESS
CONTACT: Name
PHONE:
NORTH
SP1
GDB
SITE PLAN
Robert Fedorka, P.E.
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address:
Bob.Fedorka@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
October 24, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Daniel Johnson, Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022100 - Zone Change (to C-2 CUPD)
(E2 Memo)
Job Site Address: NWC King Drive & Gavilan Peak Pkwy
APN(s):
203-10-935
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 2nd
submittal of the Zone Change application routed for review on October 24, 2022, 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. A traffic impact study must be submitted with future entitlement (POD)
application(s).
3. The applicant shall coordinate with MCDOT, who has initiated a Transportation
Improvement Project (TT0662) involving the signalization of King Drive and Gavilan
Peak Pkwy, with future entitlement (POD) application(s).
4. 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.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
June 20, 2022
TO :
Daniel Johnson, Planning & Development Dept.
Planner
FROM:
Salam Kareem, P.E.
Civil Engineer
SUBJECT: Z2022100 Black Rock Coffee Bar. Zone Change (to C-2 CUPD)
The Maricopa County Environmental Services Department (MCESD) has
reviewed revised documents received from the Maricopa County Planning and
Development Department for the above referenced project. This project is a
request for Black Rock Coffee Bar, Zone Change (to C-2 CUPD)
at APN # 203-10-935. According to the submitted documents, Water and sewer
services will be provided by EPCOR, MCESD has concerns, ATC must be
obtained prior to construction permit approval.
Based on the above, MCESD raised no objections to the Planning &
Development Department in Accela Automation on June 20, 2022.
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. 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 regulations in force at the time of application.