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October 19, 2022
Z2021131
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:
Z2021131 – 8815 E. Apache Trail
Supervisor District:
2
Applicant/Owner:
Rod Jarvis, Earl & Curley / Sofia Vasquez
Request:
Zone Change from R-5 and C-3 to C-3 CUPD with a plan of
development for an auto repair business
Site Location:
Generally located 225’ east of the southeast corner of
Glenmar Rd. and Apache Trail in the Mesa area
Site Size:
Approximately 0.48 acre (20,937 sq. ft.)
County Island Status:
Yes (Mesa)
Additional
Comments:
The request is for a zone change from R-5 and C-3 to C-3
CUPD with a plan of development for an existing automobile
service and repair business. The subject site has split zoning
with C-3 along the northern region (accounts for approx. 32%)
and R-5 (accounts for approx. 68%) on the southern two-
thirds. This zone change would unify zoning on the property to
C-3 CUPD. There is an existing Code violation V202000787 for
construction without permits/clearances opened 5/26/20. A
Compliance Agreement is in place requiring the applicant to
bring the property into compliance by June 30, 2023 for
entitlement and as-built permits. The use complies with the
City of Mesa General Plan land use designation of
‘Neighborhoods’ which allows for residential and small
commercial areas. The City was routed the application and
did not provide comments on the zone change. There are no
outstanding concerns from reviewing agencies. There is no
known opposition.
Commission
Recommendation:
On 9/22/22, the Commission voted 8-0 to recommend
approval of Z2021131 subject to conditions ‘a’ – ‘k’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Zone Change with Overlay R-5 & C-3 to C-3 CUPD Z2021131 8815 E.
Apache Trail”, consisting of 1 full-size sheet, dated June 30, 2022 and stamped
received August 12, 2022, except as modified by the following conditions. Staff
October 19, 2022
Z2021131
Page 2 of 3
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 “8815 E. Apache Trail”, consisting of 11 pages, dated revised
September 8, 2022 and stamped received September 8, 2022 except as modified
by the following conditions.
c.
A Plan of Development is approved subject to site plan entitled “Zone Change
with Overlay R-5 & C-3 to C-3 CUPD Z2021131 8815 E. Apache Trail” consisting of
11 full-size sheets, dated June 30, 2022, and stamped received August 12, 2022.
The Plan of Development may be amended administratively under separate
application as long as the amendment complies with the established CUPD
development standards as approved by the Board of Supervisors. 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.
d.
The following Planning Engineering conditions shall apply:
1.
The submitted plan of development includes a previously unpermitted
structure built over previously impervious surface. No additional
development approval is implied by this review, including, but not limited
to drainage design, access and roadway alignments.
2.
Any future development must ensure that historic drainage patterns are
maintained at the up and downstream limits of development.
3.
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.
e.
The following Maricopa County Environmental Services Department (MCESD)
condition shall apply:
1.
Approval to Construct (ATC) and Notice of Intent to Discharge (NOID) must
be obtain prior to construction permit approval.
f.
The following C-3 CUPD standards shall apply:
1.
Front, rear, side and street-side setbacks: 0’
2.
Maximum side yard lot coverage and setback: 100% and 0’
3.
Maximum number of standard parking spaces: 11
4.
Fencing: 6’ fencing with opaque screening
5.
Elimination of the sight visibility triangles at the north property line (both sides
of the ingress/egress) and Apache Trail right-of-way.
October 19, 2022
Z2021131
Page 3 of 3
6.
One freestanding pole sign to be setback 0’ from east property line with
height of 12’, non-illuminated double-faced sign with 24 sq. ft.
7.
Paving waived – utilization of existing decomposed granite for the property.
g.
The owner shall submit as-built permits for all unpermitted construction which
includes the existing 1,200 mechanic shop (northern region of site), existing
canopy 720 sq. ft (northern region of site), completion of B202005586 for the
existing mechanic shop (southern region of site), on-site parking improvements
and fencing by obtaining final inspections by the extended Compliance
Agreement deadline date – June 30, 2023.
h.
The C-3 CUPD overlay is applied to restrict the use of the site to automobile repair
until such time as the site is served by sewer.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
j.
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.
k.
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:
Rachel Applegate, Senior Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
9/22/22 P&Z Packet (27 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.
Z2021131
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021131 – 8815 E. Apache Trail
Hearing Date:
September 22, 2022
Supervisor District:
2
Applicant:
Rod Jarvis, Earl & Curley
Owner:
Sofia Vasquez
Request:
Zone Change from R-5 and C-3 to C-3 CUPD with a plan of
development for an auto repair business
Site Location:
Generally located 225’ east of the southeast corner of Glenmar Rd.
and Apache Trail in the Mesa area
Site Size:
0.48 acre (20,937 sq. ft.)
Density:
N/A
County Island:
Yes (Mesa)
County Plan:
East Mesa Area Plan - Urban Residential/High (0 – 25 du/ac.)
Municipal Plan:
City of Mesa – Neighborhood
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2021131
Page 2 of 10
Project Summary:
1.
The request is for a zone change from R-5 and C-3 to C-3 CUPD with a plan of
development on approximately 20,937 sq. ft. The site is generally located approximately
225’ east of the intersection of Glenmar Rd. on the south side of Apache Trail in the Mesa
area. The applicant is requesting to rezone the property for an existing auto repair
business. The subject site has split zoning with C-3 along the northern region (accounts for
approx. 32%) and R-5 (accounts for approx. 68%) on the southern two-thirds. This zone
change would unify zoning on the property to C-3 CUPD. There is an existing Code
violation V202000787 for construction without permits/clearances opened 5/26/20. A
Compliance Agreement is in place requiring the applicant to bring the property into
compliance by June 30, 2023 for entitlement and as-built permits.
2.
An existing automobile service and repair business is operating on-site with two mechanic
shop buildings and canopies. An existing residential use is located within the central
region of the site. The site is fully developed with no plans to change the existing structures
on the property. The applicant is aware of required as-built permits for the unpermitted
structures and required site improvements. The owner is the only employee; there are no
other mechanics employed at the facility. The hours of operation are based upon the
owner’s schedule and there is no set time listed in the narrative report for business
operations. All customer repairs are by appointment only.
3.
Waste for the auto repair includes motor vehicle oil which is stored in a 200-gallon drum
that is replaced every 3-4 months. One non-illuminated sign is located on the property
line with the existing CMU wall along the eastern property line as a double face 6x4 (24
sq. ft.) pole sign at 12’ height. The sign is situated approximately 20’ south from the
Apache Trail R/W.
4.
The applicant will be required to obtain as-built permits for unpermitted structures by the
Compliance Agreement deadline date to rectify the violation case. The single-family
residence was constructed around 1976, while the structure to the south was constructed
between 2018 -2019 per B202005586 which is currently out to the customer with
comments. The mechanic shop and canopy along northern region will also require as-
built permits. The applicant states in the narrative report that permits will be obtained for
on-site improvements for parking and screening. The total existing structures account for
25% lot coverage, which is below the 60% maximum allowed for commercial zoning.
Shown below is a table identifying the structures, dimensions, sq. ft. and height.
Building
Dimensions
Sq. Ft.
Height Building Permit Number
Single Family
Residence
30’ x 30’
900
10’
N/A
Mechanic Shop
(north)
40’ x 30’
1,200
14.2’
As-built permit required
Canopy (north)
30’ x 24’
720
14.2’
As-built permit required
Mechanic Shop
(south)
41’x 60’
2,460
16’
B202005586 – out to customer on
8/31/20,
pending
zone
change
application.
5.
Access to the site is provided via a 12’ wide ingress/egress along the eastern boundary
from Apache Trail. The driveway is also utilized for the parcel to the south. The driveway
is right-turn only access in and out of the property due to a median within the Apache
Z2021131
Page 3 of 10
Trail right-of-way. The ingress/egress is paved within the Apache Trail right-of-way with it
transitioning into decomposed granite within the site. There are no existing outdoor light
poles or proposed light poles; the only lighting is located on the walls of the commercial
buildings. Concrete paving is provided for the ADA parking space and deliveries. Since
the facility is drop off/pick up of vehicles there is not a large number of customers on the
property, the applicant has requested a reduction in the number of parking spaces to
accommodate the business. The site plan shows 12 parking spaces and 1 ADA space.
The owner has obtained a Maricopa County Dust Control permit for decomposed
granite. The property is served by the City of Mesa for water, trash and fire services. An
on-site septic system is utilized for wastewater.
6.
The applicant is requesting variations to the C-3 zoning district standards to included
reduced setbacks, reduction in parking, elimination of the sight visibility triangles, side
yard coverage, fencing, signage, and paving requirements. The table below shows
amended development standards in bold text.
REGULATION
BASE ZONING DISTRICT
REGULATIONS (C-3)
PROPOSED ZONING DISTRICT
REGULATIONS (C-3 CUPD)
Maximum Height
40'
40'
Minimum Front Yard (east
property line)
10’
0’
Minimum Side Yard (south)
10'
0’
Minimum Street-side Yard
(north)
10’
0’
Minimum Rear Yard (west
property line)
25’
0’
Minimum Lot Area
6,000 sq. ft.
20,937 sq. ft.
Maximum Lot Width
60'
385’
Maximum Lot Coverage
60%
25%
Maximum Lot Coverage of
Side Yard
1106.2 detached
accessory buildings and
structures may be built in
the required rear yard
and/or the required side
yard but shall not occupy
more than 30% of any
required yard and shall
not be nearer than three
feet to any side or rear lot
line.
100% side yard coverage with 0’
side yard setback
Parking Spaces
1:250 parking ratio
1:500 parking ratio
Screening
6' (h) solid masonry wall
6’ fence with opaque screening
Sight Visibility Triangles
1111.4.2: Sight visibility
triangle – no structure,
landscaping, fence, wall,
terrace or other
obstruction to view in
excess of two (2) feet in
height – 25’ x 25’
No sight visibility triangles at
ingress/egress at Apache Trail.
Z2021131
Page 4 of 10
Freestanding Sign
Not to exceed 120 sq. ft
in area with a maximum
height of 24’. Sign within
200’ of rural/residential
zoning limited to 12’ in
height.
One freestanding pole sign with
height of 12’, double sign face
of 24 sq. ft.
Paving
1102.7.1 For other than
one single-family dwelling
unit or one mobile home
on a lot of record, any
parking area shall be
paved.
Utilization of existing
decomposed granite due to the
size of the lot. Area accounts for
12,818 sq. ft. Dust permit has
been obtained for the existing
use.
7.
The applicant contends that these variations are needed due the small size of the lot and
limited commercial use for a mechanic shop to be operated by the owner with no
additional employees. Staff notes that the reduced setbacks are based upon the
configuration of the lot and location of the existing structures. The request to increase the
side yard lot coverage to 100% is due to the existing mechanic shop and canopy at the
northern region of the site, the structures exceed the 30% side yard lot coverage
allowance and 3’ setback requirement. The applicant states there is no side yard with
the request to create a 0’ setback for the site.
8.
Reduction in the number of parking spaces to 11 is based upon the single
employee/owner at the property and limited number of spaces for parking of vehicles to
be worked on. Elimination of the sight visibility triangles at Apace Trail is due to the 12’
wide ingress/egress easement with no obstructions for visibility. Staff notes there is
approximately 35’ of ADOT right-of-way from the north property line to Apache Trail
pavement, which requires drivers to enter into the ADOT right-of-way shoulder exiting the
site, visibility is clear with no existing obstructions within the shoulder. Since the site is
adjacent to R-5 zoning the applicant is requesting a variation to use 6’ fencing with
opaque screening instead of a solid masonry wall. The owner intends to use slates or
opaque screening. There is a request to vary the MCZO standard for paving due to the
small scale of the property and limited number of drop/off pick up of vehicles. The site
does not function like other commercial zoned properties with increased traffic and
customers. The applicant states the decomposed granite has been on the property for
decades and is consistent with other existing commercial properties along Apache Trail.
The applicant is requesting variation to the regulation to keep the existing decomposed
granite on the property for the existing 12 parking stall spaces based upon clearance
provided by Maricopa County Air Quality with issuance of a dust permit.
Z2021131
Page 5 of 10
Aerial image of subject site
Z2021131
Page 6 of 10
Aerial image of surrounding region
Zoning map showing the split zoning of C-3 and R-5.
Z2021131
Page 7 of 10
Existing Commercial C-3 zoning district along the north and south sides of Apache Trail.
Existing On-Site and Adjacent Zoning / Land Use:
9.
On-site:
R-5 and C-3 / existing auto repair business
North:
C-3 / RV auto sales
South:
R-5 / single family residential
East:
R-5 and C-3 / commercial AC business and bail bonds
West:
R-5 and C-3 / antique shop, vacant land and residential
Utilities and Services:
10.
Water:
City of Mesa
Wastewater:
Onsite septic
School District:
Mesa Unified School District
Fire:
City of Mesa
Police:
MCSO
Right-of-Way:
11.
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
Apache Trail
50’ (south side of
centerline), 150’
northside of centerline
No dedication
required with this
application.
ADOT right-of-way
88th St.
N/A
MCDOT R/W reduction
waiver granted at 0’
88th St. alignment -
midsection waived to
0’ by MCDOT.
Adopted Plans:
12.
East Mesa Area Plan (adopted 1992): The plan identifies the subject site as ‘Urban
Residential/High (0-25 du/ac.)’. The land use classification denotes the highest residential
development densities where all urban services including water, sewer, law
enforcement, fire protection, schools and parks are available or will be provided. The
Z2021131
Page 8 of 10
plan states that neighborhood commercial may be developed within the area. Since
the site is approx. 0.48 of an acre, the site is below the 40 acres threshold required to
change the land use designation.
13.
City of Mesa General Plan (adopted June 16, 2014): The subject site is listed as
‘Neighborhoods’ which is classified as primarily residential areas with supporting parks,
schools, churches and small commercial areas. The plan states these regions are
devoted to local serving businesses (commercial and office activities) in one location is
generally less than 15 acres and these businesses typically serve people within a mile
radius of the area.
Public Participation Summary:
14.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and to interested parties. As of the date of this report,
neither the applicant nor staff has been notified of any objections from the general
public. The City of Mesa has not provided any comments on the zone change request.
Outstanding Concerns from Reviewing Agencies:
15.
N/A.
Staff Analysis:
16.
Staff supports the zone change to C-3 CUPD for the auto repair facility. There is existing
commercial uses adjacent to the site along Apache Trail, and properties along Apache
Trail include commercial and multi-family zoning. The zone change would bring the
property into conformance with existing C-3 zoning in the region and allow the existing
commercial use for the auto repair to bring the site into compliance with MCZO. The zone
change is consistent with the Neighborhood land use designation of the City of Mesa
General Plan. The application was routed to the City of Mesa for review and comment,
but staff did not receive a response. ADOT noted that the project will not have an impact
to ADOT highway facilities in the area, thus has no comment on the request. There are
no outstanding concerns from County agencies.
Recommendation:
17.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2021131 subject to the following conditions ‘a’ – ‘k’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Zone Change with Overlay R-5 & C-3 to C-3 CUPD Z2021131 8815 E.
Apache Trail”, consisting of 1 full-size sheet, dated June 30, 2022 and stamped
received August 12, 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.
Z2021131
Page 9 of 10
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “8815 E. Apache Trail”, consisting of 11 pages, dated revised
September 8, 2022 and stamped received September 8, 2022 except as modified
by the following conditions.
c.
A Plan of Development is approved subject to site plan entitled “Zone Change
with Overlay R-5 & C-3 to C-3 CUPD Z2021131 8815 E. Apache Trail” consisting of
11 full-size sheets, dated June 30, 2022, and stamped received August 12, 2022.
The Plan of Development may be amended administratively under separate
application as long as the amendment complies with the established CUPD
development standards as approved by the Board of Supervisors. 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.
d.
The following Planning Engineering conditions shall apply:
1.
The submitted plan of development includes a previously unpermitted
structure built over previously impervious surface. No additional
development approval is implied by this review, including, but not limited
to drainage design, access and roadway alignments.
2.
Any future development must ensure that historic drainage patterns are
maintained at the up and downstream limits of development.
3.
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.
e.
The following Maricopa County Environmental Services Department (MCESD)
condition shall apply:
1.
Approval to Construct (ATC) and Notice of Intent to Discharge (NOID) must
be obtain prior to construction permit approval.
f.
The following C-3 CUPD standards shall apply:
1.
Front, rear, side and street-side setbacks: 0’
2.
Maximum side yard lot coverage and setback: 100% and 0’
3.
Maximum number of standard parking spaces: 11
4.
Fencing: 6’ fencing with opaque screening
5.
Elimination of the sight visibility triangles at the north property line (both sides
of the ingress/egress) and Apache Trail right-of-way.
6.
One freestanding pole sign to be setback 0’ from east property line with
height of 12’, non-illuminated double-faced sign with 24 sq. ft.
7.
Paving waived – utilization of existing decomposed granite for the property.
Z2021131
Page 10 of 10
g.
The owner shall submit as-built permits for all unpermitted construction which
includes the existing 1,200 mechanic shop (northern region of site), existing
canopy 720 sq. ft (northern region of site), completion of B202005586 for the
existing mechanic shop (southern region of site), on-site parking improvements
and fencing by obtaining final inspections by the extended Compliance
Agreement deadline date – June 30, 2023.
h.
The C-3 CUPD overlay is applied to restrict the use of the site to automobile repair
until such time as the site is served by sewer.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
j.
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.
k.
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:
Rachel Applegate, Senior Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (11 pages)
Engineering comments (1 page)
MCDOT R/W Waiver (1 page)
MCESD comments (1 page)
ADOT comment (2 pages)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
2
G
ross Acres: 0.48 approx.
G
enerated Septem
ber 6, 2022 11:06 AM
Z2021131
Application Nam
e:
Legal Description
8815 E. Apache Trail EDR
Applicant
Case Address
,
SO
FIA VASQ
UEZ DIAZ
8815 E APACHE Tr
Applicant Phone/Em
ail
Parcel Prim
ary:
480.937.9171
robieli@
m
sn.com
M
ESA AZ 85207
M
ap scale 1:960
Supervisor District No.
218-41-002
CLEANING
UP THE SITE ZO
NING
- SITE CURRENTLY SPLIT ZO
NING
5.3585 in
Traverse PC
REGULATION
BASE C-3 ZONING
DISTRICT
REGUALTIONS
PROPOSED C-3 CUPD ZONING
DISTRICT REGULATIONS
HEIGHT (MAXIMUM)
40-FEET
40-FEET
SIDE YARD (MINIMUM) EAST
10-FEET
5-FEET
STREET SIDE YARD (MINIMUM)
10-FEET
0-FEET
REAR YARD (MINIMUM)
25-FEET
0-FEET
LOT AREA (MINIMUM)
6,000 SF
6,000 SF
LOT WIDTH (MINIMUM)
60-FEET
60-FEET
LOT COVERAGE (MAXIMUM)
60%
60%
COVERAGE OF SIDE YARD 30% 100%
PARKING 1:250 SF 1:500 SF
SCREENING 6' SOLID WALL 6' FENCE W/OPAQUE SCREENING
SIGHT VISIBILITY TRIANGLES 25' X 25' NONE PROVIDED
SIGNAGE 1 SIGN- APPROX 24 SF
SIDE YARD (MINIMUM)
10-FEET
0-FEET
Z2021131
08/12/2022 1:12:18 PM
8815 E Apache Trail
West of the Southwest corner of Loop 202 Red Mountain Freeway and
Apache Trail in unincorporated Maricopa County
Zone Change (from C-3 and R-5 to C-3 CUPD)
Vicinity Map
Application Case #: Z2021131
1st Submittal: October 19, 2021
2nd Submittal: March 17, 2022
3rd Submittal: April 29, 2022
4th Submittal: August 9, 2022
Revised September 8, 2022
Z2021131
Stamped Received 9/8/22
1 | P a g e
Introduction & Purpose of Request:
This request seeks to Rezone an approximate .5-acre property to C-3 CUPD. The site
currently has two zoning designations, C-3 and R-5. The northern and southern
buildings are used for an auto repair service and in the middle is a single-family
residence. This application seeks to clean up the zoning and development standards
on site by way of a zone change with overlay to also include a plan of development.
The property is located at 8815 E Apache Trail, just west of the southwest corner of
Apache Trail and Loop 202 in unincorporated Maricopa County (the “Property”).
Although the site is fully developed and there are no plans for additional development or
construction at this time, some improvements will be required per this application, as
noted in the following pages.
The owner/applicant intends to continue the auto repair related use on the property in
the north and south buildings. The single-family residence, in the center, will remain.
The purpose of this application is to rezone the property to one zoning district, while
bringing the legal non-conforming uses, buildings and setbacks on the property into
compliance.
Table 1: Project Data
A.P.N.
218-41-002
Current Land Use
Commercial and Residential
Current Zoning District
C-3 and R-5
Proposed Use
Commercial
Net Property Area
.49 AC
Supervisor District
2
The property owner received a violation notice for constructing the southernmost
commercial repair building without permit, V202000787. Pursuant to the Compliance
Agreement with the County, the property owner is pursuing the CUPD to clean up the
dividing zoning and development standards of the property. Once completed, the
property owner shall obtain permits for the construction buildings.
2 | P a g e
Description of Proposal:
As noted in the image to the right, the Property is currently split
between two zoning designations. C-3 runs along the Apache
Trail frontage to the north, and R-5 along the south half
adjacent to other residential uses.
The Property is accessed from Apache Trail by a long narrow
drive. There is an access (ingress/egress) agreement along the
eastern property line that allows access to the property just
south of the subject property. There are two commercial
buildings and one residential home located in-between them on
the subject Property, all along the western property line. The
two commercial buildings are used for auto service and repair.
They have roll up doors, shade canopies and security
surveillance to assist in the auto service business.
As stated above, the owner intends to continue the auto repair
related use on the property in the north and south buildings.
The single-family residence, in the center, will remain. The
owner does all the auto repair work himself, with no employees.
There are no set business hours, as he works as his schedule
permits. All work is done by appointment only. Clientele drop
their vehicle for repair/maintenance to retrieve later. Parking on the property is limited
to automobiles that are currently waiting for service, or have been serviced and are
waiting to be picked up by the vehicle owner. There is typically only a small handful of
vehicles on the property. All vehicles are worked on in the interior of the building. The
only hazardous material stored on site, is motor vehicle oil, which is stored in a 200-
gallon drum that is replaced every 3-4 months. The existing buildings and their location
can be seen in the image below.
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As shown in the photo, there is an existing sign that is approximately 12-feet in height,
from grade to top of sign. This sign is approximately 72” wide by 48” tall. This is the
only signage for the business and the center of the sign post is 20.21 feet from the north
property line.
The site has been developed with an auto-related use and single-family residence for
decades. The first appearance of development on the property can be see in the 1976
aerial below. In 1969, at the time of adoption of the zoning code, there isn’t a historical
aerial available to determine what was constructed, but the 1976 aerial depicted below
clearly shows that the site was used as an auto repair use with the existence of the
single-family residence. The large accessory building in the southern portion of the
subject property was constructed between 2018 and 2019. Plans for a permit were
applied for (B202005586) but were never finalized and are subject of the existing
violation on the site. The owner understands that as-built permits for the existing
mechanic shop and canopy must be obtained will be a condition of approval for the
zone change and CUPD.
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Building
Dimensions
Sq. Ft.
Height
Building Permit
Number
Single Family Residence
30x30
900 10'
Mechanic Shop (North)
40x30
1200 14.2'
Canopy
30x24
720 14.2'
Mechanic Shop (South)
41x60
2460 16'
B202005586
Comprehensive Plan
The Maricopa County Comprehensive Plan identifies the subject property as Urban
Residential (0-25 du/ac). Although the Property does not meet the intent of Urban
Residential, it is consistent with other developments of commercial along Apache Trail.
Additionally, as stated above, the Property has developed over the decades and were
partially developed prior to the adoption of the Comprehensive Plan (approx. 1997).
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Comprehensive Plan Designation: Urban Residential (0-25 du/ac) – East Mesa Area Plan
Relationship to Surrounding Properties:
The site is presently being utilized as a single-family residence and auto repair
business. The Property has existed with its current buildings and setbacks for many
decades, as demonstrated above.
The zoning and characteristics of the surrounding properties are as follows:
North:
C-3; Commercial RV auto sales business.
South:
R-5; one single-family residential home; further south is commercial RV
storage
East:
R-5 and C-3; Commercial AC business and Bail Bonds; further east is
commercial RV storage
West:
C-3 and R-5; Commercial antique shop and vacant land zoned C-3 and
single-family residential homes zoned R-5.
Originally, Apache Trail was a trading route for settlers and travelers connecting the
Apache Junction area to the mining and farming communities.
In the early 20th century, the US 60 was constructed to connect the east and west
coasts. This historic route ran along current day Apache Trail. It wasn’t until the late
1980’s that the current US 60 Superstition Freeway was constructed. Until that time
Main Street / Apache Trail was the main thoroughfare between many western towns.
Commercial business developed in a linear fashion along Apache Trail. It served as a
highway-oriented business strip beginning in Apache Junction and continuing into Mesa
and Phoenix. With the relocation of the US 60, Apache Trail began a slow decline as a
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regional commercial area and began serving more and more as a commercial area for
services and convenience shopping for local residents.
The characteristics of linear commercial development along Apache Trail are still
prevalent and the Property, as well as its neighboring properties, are consistent as a
service-oriented business for local residents.
Location and Accessibility:
The Property is located on the south side of Apache Trail, just west of the Loop 202 Red
Mountain Freeway. There is only one access to the Property, directly off Apache Trail.
There is right-turn-only access in and out of the Property, as a median exists on Apache
Trail. An access (ingress and egress) easement exists long the eastern property line,
allowing access to the property south of the subject property. The ingress/egress within
the right-of-way is paved, transitioning to decomposed granite on the property.
Circulation System:
There is a long narrow drive from Apache Trail to the main business. There is ample
parking and turnaround space to then exist through the same long narrow drive. There
are no freestanding lights on the property that would interfere with the circulation
system. The existing lighting on site are all attached to the commercial buildings. The
site is mostly decomposed granite, with a small section of concrete paving for the ADA-
accessible parking space and deliveries. Parking is mostly located along the southern
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property line. Again, customers simply drop their vehicle off for repair. There is no real
need to parking for customers. A reduction in the required parking is requested.
Additionally, there is a bathroom on site for customer to use. While it is attached to the
residence, there is only one door, and it is accessible from the outside. See pictures
below. The owner is working to ensure the bathroom is ADA compliant.
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C-3 CUPD Development Standards:
The proposed standards are as follows (items in bold vary from the underlying C-3
development standard):
REGULATION
BASE ZONING DISTRICT
REGULATIONS (C-3)
PROPOSED ZONING DISTRICT
REGULATIONS (C-3 CUPD)
Maximum Height
40'
40'
Minimum Front Yard
(east property line)
10’
0’
Minimum Side Yard
(south)
10'
0’
Minimum Street-side
Yard (north)
10’
0’
Minimum Rear Yard
(west property line)
25’
0’
Minimum Lot Area
6,000 sq. ft.
20,937 sq. ft.
Maximum Lot Width
60'
385’
Maximum Lot
Coverage
60%
25%
Maximum Lot
Coverage of Side
Yard
1106.2 detached accessory buildings and
structures may be built in the required rear
yard and/or the required side yard but shall
not occupy more than 30% of any required
yard and shall not be nearer than three feet to
any side or rear lot line.
100% side yard coverage with 0’ side yard
setback
Parking Spaces
1:250 parking ratio
1:500 parking ratio
Screening
6' (h) solid masonry wall
6’ fence with opaque screening
Sight Visibility
Triangles
1111.4.2: Sight visibility triangle – no
structure, landscaping, fence, wall, terrace or
other obstruction to view in excess of two (2)
feet in height – 25’ x 25’
No sight visibility triangles at
ingress/egress at Apache Trail.
Freestanding Sign
Not to exceed 120 sq. ft in area with a
maximum height of 24’. Sign within 200’ of
rural/residential zoning limited to 12’ in height.
One freestanding pole sign with height of 12’,
double sign face of 24 sq. ft.
Paving
1102.7.1 For other than one single-family
dwelling unit or one mobile home on a lot of
record, any parking area shall be paved.
Utilization of existing decomposed granite due
to the size of the lot. Area accounts for 12,818
sq. ft. Dust permit has been obtained for the
existing use.
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Deviations to Development Standards:
Setback
It is requested that all east yard setback be reduced from to 0’, this is due to the
existence of the ingress/egress easement located along the eastern property
line. Additionally, the remaining setbacks are requested at 0-feet, as they
currently exist in this manner.
Coverage of Side Yard
Technically, there is no side yard, because our request reduces the side yard
setback to 0-feet. However, the northern mechanic shop and canopy encroach
into the would-be setback area, so we are requesting 100% lot coverage allowed
in the side yard.
Parking Reduction
This application requests to reduce the parking standard from 1 space per 250SF
of building to 1 space per 500sf of building, for a total of 11 spaces. This
reduction is due to the minimal need of this use. Again, this is not typical
customer parking, but parked cars either waiting to be serviced or waiting to be
picked up. There are only a handful of vehicles at a time.
Fencing
Where CMU block wall is not present, there is existing chain link fencing that is to
remain. Slats or opaque screening will be added to the existing fencing to screen
the vehicles from the adjacent residential properties. Again, there is minimal
parking on the property. There isn’t a constant stream of traffic as with a normal
C-3 commercial property.
Signage
Allow for the existing sign as described above. A deviation is required for the
sign as it is within the front and side setback. Since the property doesn’t have
frontage, there is no place to place it except on the eastern property line that is
within the ingress/egress easement. As it currently stands, it does not impede
vehicular ingress/egress.
SVT
The lot is too narrow to provide required sight visibility triangles. There is the
existence of a 12’ ingress/egress easement. However, at the property line, there
is open paving, without obstruction, currently existing.
Paving
Again, due to the minimal vehicular traffic, unlike to other C-3 properties, the
existing paving of decomposed granite is requested. There is no street frontage
which limits the vehicular traffic. Additionally, there are only a handful of trips
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made daily as the shop is by appointment only. Having no street frontage and
by appointment only drastically reduces the amount of dust on the property. A
dust control plan has been filed with Maricopa County Air Quality Control
Department (Transaction ID 3833951533) for 12,818 square feet or 0.294 acres +/-
of parking and maneuverability. The site has consisted of decomposed granite on the
property for decades and is consistent with other properties with commercial
uses along Apache Trail. Additionally, there is paved parking for the ADA
spaces. The owner will water the site by hose twice daily and can increase the
amount of watering during drier months/periods as needed.
Public Utilities and Services:
All public utilities and services currently exist on the Property. See table below.
Utility and Service Providers
Water
City of Mesa
Wastewater
Septic
Electrical
SRP
Natural Gas
N/A
Solid Waste Refuse
City of Mesa
Communications
SRP
Police
Maricopa County
Fire
City of Mesa
Development Schedule:
The Property is fully developed with no proposed plans for redevelopment or
modification. This application is to being the Property into conformance with today’s
regulations and to properly permit the southern building. Permits will be required for as-
built structures and improvements to parking and screening shall be provided.
Conclusion:
This unique Property has existed with split zoning and minimal development standards
for decades, even prior to the adoption of the zoning ordinance. This application is to
simply bring the property into one zoning category and into conformance with zoning
standards via the CUPD. No additional construction or development is planned for the
Property.
Doug Jones, P.E., CFM
Planning & Development
301 W. Jefferson Ave., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-0790
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Doug.Jones@Maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
May 05, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Rachel Applegate, Senior Planner, Planning & Development Services
From:
Doug Jones, P.E., Plans Examiner Engineer, Planning & Development
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Robert Fedorka, P.E., Engineering Supervisor, Planning & Development
Subject:
Z2021131 Zone Change (C-3 & R-5 to C-3 CUPD) With an Existing Plan
of Development (E3 Memo)
Job Site Address: 8815 E APACHE TR MESA 85207
APN(s):
218-41-002
This application is to specify zoning for future development areas and includes an
existing Plan of Development with no new disturbance proposed.
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 3rd
submittal of the Zone Change application routed for review on April 29, 2022 and has
no objections subject to the following conditions:
1. The submitted plan of development includes a previously unpermitted structure
built over previously impervious surface. No additional development approval is
implied by this review, including, but not limited to drainage design, access and
roadway alignments.
2. Any future development must ensure that historic drainage patterns are
maintained at the up and downstream limits of development.
3. 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.
Engineering
2901 W. Durango Street
Phoenix, AZ 85009
Phone: 602-506-4889
Fax: 602-506-5969
www.mcdot.maricopa.gov
February 11, 2022
Sofia Vasquez
C/O: Rod Jarvis, Earl & Curley
3101 North Central Avenue, Suite 1000
Phoenix, Arizona 85012
Subject: Recommendation of Future MCDOT Right-of-Way APN 218-41-002
Dear Applicant:
Maricopa County Department of Transportation (MCDOT) has reviewed the
request to waive the requirement that the setback line on the referenced
property be measured from the future right-of-way as required by Section 1105
of the Maricopa County Zoning Ordinance. The subject property is located along
a Mid-Section (88th Street alignment), requiring the setback line be measured
from a 40-foot future right-of-way.
Based on current development patterns, it is recommended that the
requirement for future right-of-way be 0-feet.
This recommendation pertains only to future right-of-way needs for a public
roadway on the identified alignment and does not consider legal access
requirements, easements, drainage, utilities, etc. which still apply to the subject
property.
If you have any questions on this decision, please contact Systems Planning at
(602) 506-1766.
Sincerely,
Lynndsay O’Neill, AICP, CFM
Senior Planner
Cc:
Toral Patel, Planning and Development
Nicole Nelson, Planning and Development
Bob Fedorka, Planning and Development
Michael Norris, Planning and Development
Steve Bruffy, Office of Enterprise Technology - GIS
Chris Turner, Office of Enterprise Technology – GIS
Elizabeth Valenzuela, MCDOT Permits
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:
October 22, 2021
TO :
Joseph Mueller, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
REZONE FROM C-3 and R-5 to C-3 CUPD. Z2021131
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 application seeks to clean up the
zoning and development standards on site at APN# 218-41-002. Water and Sewer will
be provided by City of Mesa and septic. MCESD has concerns, ATC/NOID must be
obtained prior to construction permit approval.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Accela: on October 22, 2021 and will allow the project to proceed at
this time subject to the following stipulations
Stipulations:
None.
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.
From:
Peggy Fehlman
To:
Rachel Applegate (PND)
Cc:
Bernadette Martinez
Subject:
Re: Z2021131 - 8815 E. Apache Trail - ADOT Comments
Date:
Monday, August 22, 2022 7:28:31 AM
Attachments:
image001.png
image002.png
HI Rachel,
After a complete review, we have concurred that at this time the proposed project at 8815 E Apache Trail, Mesa AZ will not
have an impact on our highway facilities in this area. Exceptions to this would be traffic control necessary at ADOT facilities. If you
are in need of performing traffic control on ADOT facilities said traffic control would require a permit. Otherwise, ADOT has no comment
regarding the request associated with this case.
See Permit Encroachment Links:
Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits.
Permit Encroachment General Mailbox is: CentralPermit@azdot.gov.
However, ADOT would like to remind the developer there is ADOT Right of Way in the area and they must not encroach
upon it without a permit. No work shall begin on ADOT right of way until said permit is obtained.
ADOT reserves the right to review any future plans, additions and/or changes to this development as to any impact they
may have on the State highway System.
Kind Regards,
Peggy Fehlman
Right of Way Coordinator
ADOT Central District
2140 W. Hilton Avenue
Phoenix, AZ 85009
(602)712-6622 Office
www.azdot.gov
On Sat, Aug 20, 2022 at 4:16 PM Rachel Applegate (PND) <Rachel.Applegate@maricopa.gov> wrote:
Good afternoon Peggy,
Just wanted to follow up to see if ADOT had any comments on the zone change application – Z2021131 – 8815 E. Apache Trail. The proposal
is a zone change to C-3 with a commercial use plan of development to amend zoning district standards for an existing automobile repair
business.
I’ve attached your response back to Sean Watkins dated 10/26/21. Please let me know if you have any comments on the application. I’m
preparing to take this case to the September 22nd Planning and Zoning Commission hearing.
Thank you,
Rachel Applegate
Senior Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0318
Rachel.Applegate@maricopa.gov
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