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October 19, 2022
Z2021076
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 19, 2022
Case #/Title:
Z2021076 – Superior Tanks
Supervisor District:
5
Applicant/Owner:
Weston Michael, Superior Tank & Fabrication / Weston &
Cindy Michael
Request:
A Special Use Permit (SUP) for a cottage industry to
accommodate the manufacture of water tanks for water
hauling vehicles in the Rural-43 zoning district
Site Location:
A ¼ mile north of the northwest corner of El Mirage Rd. and
Southern Ave. in the Avondale area
Site Size:
Approximately 7.0 acres
County Island Status:
Yes (City of Avondale)
Additional
Comments:
The applicant is requesting a Special Use Permit (SUP) for a
cottage industry in the Rural-43 zoning district. The proposed
use on the western portion of the site is to manufacture tanks
specially designed for water hauling vehicles. The property
owner/business owner will reside on site but there will ten full
time employees thus exceeding ordinance parameters for a
home occupation. All fabrication will occur inside a newly
constructed building adjacent to El Mirage Rd. in the western
portion of the lot. An 8’ high metal fence with screening will
surround the building, parking area, and outdoor storage
area.
There are no outstanding concerns from reviewing agencies.
The site is within the Municipal Planning Area of the City of
Avondale and their general plan designates the site as Rural
Low Density Residential. The County’s Estrella Area Plan
designates the site as Open Space, which allows rural and
residential land uses up to 1 du/ac per A.R.S. §11-804
(Comprehensive Plan- Open Space Elements). Since the
proposal is an SUP for a home-based cottage industry this
proposal conforms to both of the above long-range plans for
this site. There has been no comment from the City of
Avondale. There is no known opposition.
October 19, 2022
Z2021076
Page 2 of 3
Commission
Recommendation:
On 9/22/22, the Commission voted 8-0 to recommend
approval of Z2021076 subject to conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Special Use Permit Request for Superior Tank and Fabrication“, consisting
of two full-size sheets, dated March 21, 2022, and stamped received March 22,
2022, 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 “Superior Tank and Fabrication”, consisting of four pages, dated
March 13, 2022, and stamped received March 22, 2022, except as modified by
the following conditions.
c.
The following Planning Engineering comments shall apply:
1.
The regulatory flood elevation for new structures shall be two feet above
the base flood elevation for building and floodplain use permitting
purposes.
2.
New fencing within the floodplain shall be designed such that it will not
result in an adverse drainage or flood impact to the site or surrounding
properties.
3.
Retention basins must drain within 36 hours.
4.
The owner shall dedicate right-of-way along the site’s El Mirage Rd.
frontage to provide a total half-width of 65 feet prior to issuance of any
building permits; or within six months of SUP approval, whichever occurs first.
5.
Detailed Grading and Drainage (Site Development) Plans indicating that
the site will drain to the retention basin(s) must be submitted with the
application for Building Permits.
6.
Engineering review of planning and/or zoning cases is for conceptual
design only. 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; and issuance of construction permits.
d.
The two temporary shade structures must be removed or permitted within 12
months. A status report must be submitted in 12 months showing that the shade
structures have been removed or permitted on the site.
October 19, 2022
Z2021076
Page 3 of 3
e.
The site shall use an alternative surface material on driveways, parking areas, and
loading/unloading areas to address dust pollution in place of paved surfaces,
except for any ADA accessible parking space(s).
f.
This special use permit is valid for a period of ten years and shall expire on October
19, 2032, or upon termination of the use for a period of 90 or more days, whichever
occurs first. All site improvements associated with the special use permit shall be
removed within 90 days of such expiration or termination of use.
g.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
h.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, and at the time of expiration of the Special Use Permit, the
property shall revert to the zoning that existed on the date of application. It is,
therefore, stipulated and agreed that either revocation due to the failure to
comply with any conditions, or the expiration of the Special Use Permit, does not
reduce any rights that existed on the date of application to use, divide, sell or
possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation
or expiration of the Special Use Permit. The Special Use Permit enhances the value
of the property above its value as of the date the Special Use Permit is granted
and reverting to the prior zoning results in the same value of the property as if the
Special Use Permit had never been granted.
Presented by:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
9/22/22 P&Z Packet (16 pages)
Note:
9/22/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2021076
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021076 – Superior Tanks
Hearing Date:
September 22, 2022
Supervisor District:
5
Applicant:
Weston Michael, Superior Tank & Fabrication
Owner:
Weston & Cindy Michael
Request:
A Special Use Permit (SUP) for a cottage industry to accommodate
the manufacture of water tanks for water carrying vehicles in the
Rural-43 zoning district
Site Location:
A ¼ mile north of the northwest corner of El Mirage Rd. and Southern
Ave. in the Avondale area
Site Size:
7 acres
Density:
N/A
County Island:
Yes (City of Avondale)
County Plan:
Estrella Area Plan (Open Space)
Municipal Plan:
City of Avondale – Rural Low Density Residential
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2021076
Page 2 of 7
Project Summary:
1.
The applicant is requesting a Special Use Permit (SUP) for a cottage industry in the Rural-
43 zoning district. The proposed use on the western portion of the site is to manufacture
tanks specially designed for water hauling vehicles. What makes this proposal a cottage
industry is because the property owner/business owner will reside on the site. This is a use
that is beyond the scope and intensity of a home occupation, since there will ten full time
employees. All fabrication will occur inside a newly constructed 10,000 SF building
adjacent to El Mirage Rd. in the western portion of the lot. There will be screening of the
building, parking area, and outdoor storage area by an eight-foot tall, screened metal
fence that will encircle the operation area of the property.
2.
On March 19, 2020, the property owner submitted building permits to allow for a 10,000
SF detached accessory structure with the intention to start the manufacturing home
business that will utilize the structure (B202002291). However, after review by County
reviewing staff, the property owner was informed that a home occupation of the
proposed intensity will require entitlement. On November 10, 2020, the property owner
met with staff discuss a possible SUP for a cottage industry on the site (PA2020148). After
the property owner submitted the formal SUP submittal staff met again for a Technical
Advisory Committee Meeting to discuss the first submittal review, on September 21, 2021.
3.
Most of the development on this site will meet the development standards for Rural-43
zoning district, except for the required paving in the driveways and parking areas. The
property owner will use an alternative surface material for all driveways and parking
areas on the site, except for the ADA accessible parking area. The reason for this request
is that slow moving heavy vehicles and the very low volume of traffic, will generate a
minimal amount of dust, making a surface of decomposed granite a viable solution.
Z2021076
Page 3 of 7
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Zoning / Land Use
North:
Zoning / Land Use
South:
Zoning / Land Use
East:
Zoning / Land Use
West:
Zoning / Land Use
Utilities and Services:
5.
Water:
Add
Wastewater:
Add
School District/s:
Add
Fire:
Add
Police:
Add
Right-of-Way:
Operation Area of the Property
Z2021076
Page 4 of 7
Site Plan of the Entire Property
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural-43 / Single family residence
North:
PAD (Avondale) / Irrigated agriculture
South:
Rural-43 / Vacant
East:
Rural-43 / Single family residence
West:
Rural-43 across El Mirage Rd./ Vacant
Utilities and Services:
7.
Water:
Private well
Wastewater:
Private septic system
School Districts:
Littleton Elementary School District
Tolleson Union High School District
Fire:
Rural Metro Fire Department
Police:
MCZO / Tolleson Police Department
Z2021076
Page 5 of 7
Right-of-Way:
8.
The table below 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
El Mirage Rd.
55’
65’
Principal Arterial
Adopted Plan:
9.
Estrella Area Plan (adopted January 21, 1998): This area plan designates the site as Open
Space which is a category that denotes areas which would be precluded from
development and is preferred for recreation or to be kept in the lands natural state. The
current use of the site as a rural residence with a density of one dwelling unit per acre is
permitted in an area designated as Open Space, as per A.R.S. §11-804 (Comprehensive
Plan – Open Space Elements).
10.
Avondale General Plan: The General Plan designates the site as Rural Low Density
Residential. Currently, the property is in conformance with the general plan for Avondale.
Even with the proposed use of the site as a small-scale manufacturing facility, most of the
lot will remain rural residential.
Public Participation Summary:
11.
The applicant notified property owners within 300’ of the site and to area interested
parties. During the applicant’s Citizen Participation process neither staff nor the applicant
received any support or opposition. The City of Avondale was notified and as the writing
of this report staff have provided no comments or concerns.
Outstanding Concerns from Reviewing Agencies:
12.
There are no outstanding concerns from reviewing agencies.
Staff Analysis:
13.
Staff support the granting of this SUP for a cottage industry. The area surrounding this site
is in transition with a proposed alignment of the SR 30 freeway planned to traverse north
of the Gila River. The subject property is a few hundred feet from the future SR 30 corridor
to the south, making this area appropriate for non-residential land uses. The proposed
cottage industry is placed adjacent to a principal arterial making occasional truck traffic
to and from the site manageable. The occasional heavy vehicles will not negatively
affect the existing traffic flows of the immediate area. With appropriate screening along
around the facility, as proposed, and buffering of the adjacent Buckeye Canal this use
will have a minimal impact to the surrounding fabric of the area.
Z2021076
Page 6 of 7
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2021076 subject to the following conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Special Use Permit Request for Superior Tank and Fabrication“, consisting
of two full-size sheets, dated March 21, 2022, and stamped received March 22,
2022, 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 “Superior Tank and Fabrication”, consisting of four pages, dated
March 13, 2022, and stamped received March 22, 2022, except as modified by
the following conditions.
c.
The following Planning Engineering comments shall apply:
1.
The regulatory flood elevation for new structures shall be two feet above
the base flood elevation for building and floodplain use permitting
purposes.
2.
New fencing within the floodplain shall be designed such that it will not
result in an adverse drainage or flood impact to the site or surrounding
properties.
3.
Retention basins must drain within 36 hours.
4.
The owner shall dedicate right-of-way along the site’s El Mirage Rd.
frontage to provide a total half-width of 65 feet prior to issuance of any
building permits; or within six months of SUP approval, whichever occurs first.
5.
Detailed Grading and Drainage (Site Development) Plans indicating that
the site will drain to the retention basin(s) must be submitted with the
application for Building Permits.
6.
Engineering review of planning and/or zoning cases is for conceptual
design only. 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; and issuance of construction permits.
d.
The two temporary shade structures must be removed or permitted within 12
months. A status report must be submitted in 12 months showing that the shade
structures have been removed or permitted on the site.
Z2021076
Page 7 of 7
e.
The site shall use an alternative surface material on driveways, parking areas, and
loading/unloading areas to address dust pollution in place of paved surfaces,
except for any ADA accessible parking space(s).
f.
This special use permit is valid for a period of ten years and shall expire on October
19, 2032, or upon termination of the use for a period of 90 or more days, whichever
occurs first. All site improvements associated with the special use permit shall be
removed within 90 days of such expiration or termination of use.
g.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
h.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to comply
with any condition, and at the time of expiration of the Special Use Permit, the
property shall revert to the zoning that existed on the date of application. It is,
therefore, stipulated and agreed that either revocation due to the failure to
comply with any conditions, or the expiration of the Special Use Permit, does not
reduce any rights that existed on the date of application to use, divide, sell or
possess the property and that there would be no diminution in value of the
property from the value it held on the date of application due to such revocation
or expiration of the Special Use Permit. The Special Use Permit enhances the value
of the property above its value as of the date the Special Use Permit is granted
and reverting to the prior zoning results in the same value of the property as if the
Special Use Permit had never been granted.
Presented by:
Martin Martell, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 2 pages)
Narrative Report (4 pages)
MCESD comments (1 page)
DPR comments (1 page)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
5
G
ross Acres: 7.00 approx.
G
enerated August 25, 2022 09:33 AM
Z2021076
Application Nam
e:
Legal Description
Superior Tank EDR
Applicant
Case Address
T01N R01W
025, TT1N RR1W
25
W
eston M
ichael for Superior Tank and Fabrication
5631 S EL M
IRAG
E Rd
Applicant Phone/Em
ail
Parcel Prim
ary:500-70-002E
928.308.2261
wm
ichael12@
att.net
TO
LLESO
N AZ 85353
M
ap scale 1:1,866
Supervisor District No.
A REQ
UEST FO
R A SPECIAL USE PERM
IT FO
R A CO
TTAG
E INDUSTRY FO
R THE M
ANUFACTURING
O
F
TANKS FO
R W
A
TER VEHICLES
5.3585 in
A. Title Page
Superior Tank and Fabrication
Request for a Special Use Permit in Maricopa
County, Arizona
Applicant:
Weston and Cindy Michael
5631 South El Mirage Road, Tolleson, AZ 85353
Special Use Permit:
Z2021076
The property is located just north of the Northeast Corner of
El Mirage Road and Southern Avenue
Submitted July 1, 2021
Revised: December 21, 2021
Revised: March 13, 2022
APN# 500 - 70 - 002 E
B. Purpose of the Request:
This is a request to obtain a Special Use Permit (SUP) for a Cottage Industry in a Rural 43 zoning district.
The business manufactures tanks for water trucks. The proposed use of manufacturing with 10
employees where the entrepreneur resides is beyond the scope of a Home Occupation outlined in
Article 501-2-10 and will require a Special Use Permit, SUP.
The proposed SUP will detail the request and the variations to Article 501.2.10.
C. Description of the Proposal:
The applicant resides and will have the Home Occupation on Parcel #500-70-002E. The proposed SUP
will use 90,322 square feet of his entire property, a 305,219 SF parcel.
The business is taking metal material, and forming the required shapes to make water tanks that are
then attached to truck chassis to create a water truck. All fabrication and forming work will occur inside
the proposed building on site. Work hours by the 10 employees or less will be generally daylight hours
6:00 am to 6:00 pm. The +/-10,000 SF building will be located in the SUP designated area located in the
western portion of the lot. The building will not be taller than 30 feet tall, it will be off-white in color and
will be a pre-fabricated building. The building design, specifications and color have been previously
submitted and approved under Application B202002291, the Quick Summary Sheet is attached.
The SUP area will be screened by an 8 foot high visual barrier obscuring any part of the non-residential
part of the future outdoor storage or business. The metal barrier is slightly elevated so that needed
drainage can pass through. Signs, if any, will be placed on the building, there will be no monument signs
proposed at this time.
The bulk of the activity is planned to be housed in a 10,000 SF foot structure. The parking requirement is
calculated as one space per 600 SF, there will be 17 spaces provided with one ADA accessible space. Any
added structures will meet 2012 International Commercial Codes and ADA Federal requirements and
any signs will be in conformance with Section 1403 of the Zoning Ordinance.
D. Relationship to the Surroundings:
The applicant will benefit the surrounding community by providing a need and opportunities for
semiskilled workers.
Somewhat recently, although there has been no official contact to date, there is a proposed freeway,
S.R. 30, planned for most of the southern boundary of the property. Most of the houses in this area are
in the path of the future freeway. The freeway will change the character of the area with El Mirage Road
planned to dead end very near to the location of the Subject Property.
The property fronts El Mirage Road, and is significantly setback from the existing roadway. There are a
few homes to the west, vacant property to the south and partially to the west (see provided aerial map),
a canal /access road on the north and a farm property with any structures several hundred feet away to
the east. In the short term the applicant has significantly cleaned up a rough parcel of land and will
replace it with an attractively screened useful employment generating business.
The Michael’s have reached out to the neighbor’s, the proposed use has had no negative responses to
date. Letters from the neighbors will be submitted with the Citizen Participation Report.
E. Location and Accessibility:
The property has frontage on El Mirage Road and has access along the north and east property line of
the lot. The access to the property from El Mirage Road is by a 20’ wide Access Easement that runs down
the north property line. There is enough space for site visibility triangles and traffic engineering
requirements. There is also an access easement to Southern Avenue, if needed.
F. Circulation System:
As stated above, there is access to El Mirage Road today and as planned for the future. There is an
access to the south by an Access Easement along the east property line linking the site to Southern Ave.
a quarter mile south. Access from El Mirage will be one drive designed to the standards detailed in the
Traffic Letter. Site visibility triangles and necessary space for the required parking exists and will be
provided. The areas of the highest use will be coated in Compacted Recycled Asphalt, this includes
drives and parking areas. The areas with some vehicle use will be Compacted Decomposed Granite.
Areas with no traffic will not be coated. The provided site plan shows where these areas are located. We
are asking for this to be an acceptable solution, heavy vehicles and the very low volume and speed of
travel, will be very low or no generation of dust using this solution. Typically the public will not visit this
site and any movement of any vehicles will be minimal.
The attached Site Plan shows internal access ways, there will be no on-site or internal roadways or
access easements provided or needed.
El Mirage Road is not planned at this time to have an interchange on the proposed S.R. 30 Freeway.
G. Development Schedule
The applicant is ready to begin immediately when the proper approvals are granted. There will be a
single phase.
H. Community Facilities and Services
There are community services that the applicant is taking advantage today for his family. This submittal
requests a path forward to create business and jobs. More space in schools, parks, amenities should not
be impacted. The site is within the Littleton Elementary School District and Tolleson Union #214 High
School District.
I. Public Utilities and Services
Electrical is provided and the residence is connected to the grid via Salt River Project. There is no sewer,
septic systems are used in this general area. Water is being pumped via an on-site well. Police protection
is by Avondale Police Department, fire via the Rural Metro Fire Department and trash is provided
by private companies.
Aerial Plan
The land south of the property is vacant and is where the future S.R. 30 is planned. Houses in the same
path to the west have already been contacted by officials. El Mirage has been reported to not connect to
the freeway, it will dead end. Southern Avenue dead ends just over a mile to the west at the confluence
of the regional rivers.
The canal to the north creates a substantial buffer from neighboring properties.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 372-2907
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water & Waste Management Division
DATE:
August 13, 2021
TO :
Martin Martell, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
SUP for Superior Tank and Fabrication. Z2021076
The Maricopa County Environmental Services Department (MCESD) has received
documentation for SUP for Superior Tank and Fabrication at APS # 500-70-002E.
According to the documents submitted, privet well and septic system will provide
potable water and sanitary sewer services. NSA and NOID for water and sewer are
required prior to any construction permits approvals.
Based on the above, MCESD raise no concern to this project to the Planning &
Development Department in Accela Automation on August 13, 2021.
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.
Bob Fedorka, PE
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:
August 10, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Planning & Development
Attn:
Martin Martell, Planner, Planning & Development
From:
Bob Fedorka, PE, Engineering Supervisor, Development Services
cc:
Michael Norris, PE Engineering Manager, Development Services
Subject:
Z2021076 – SUP for Superior Tanks (E4 Memo)
APN:
500-70-002E
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
3rd submittal of the SUP application (with 2nd submittal of the TIS received and routed
on 7/27/2022) and has no objections subject to the following conditions.
1. The regulatory flood elevation for new structures shall be two feet (2’) above the
base flood elevation for building and floodplain use permitting purposes.
2. New fencing within the floodplain shall be designed such that it will not result in
an adverse drainage or flood impact to the site or surrounding properties.
3. Retention basins must drain within 36 hours.
4. The owner shall dedicate right-of-way along the site’s El Mirage Road frontage to
provide a total half-width of 65 feet prior to issuance of any building permits; or
within 6 months of SUP approval, whichever occurs first.
5. Detailed Grading and Drainage (Site Development) Plans indicating that the site
will drain to the retention basin(s) must be submitted with the application for
Building Permits.
6. Engineering review of planning and/or zoning cases is for conceptual design only.
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; and issuance of construction permits.
Please contact me if you have any questions or require any additional information.