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September 28, 2022
Z2021075
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
September 28, 2022
Case #/Title:
Z2021075 – Bennett Auto
Supervisor District:
1
Applicant & Owner:
Richard Bennett
Request:
Special Use Permit for Home Cottage Industry – Auto Repair
Site Location:
Generally located at the NWC of Empire Blvd. & 203rd Way
Site Size:
Approx. 0.91 acres
County Island Status:
Yes, Town of Queen Creek
Additional
Comments:
The applicant seeks a Special Use Permit for a home auto
repair business. The subject property is under violation for an
unauthorized business; however, the applicant entered into a
compliance agreement with the County and is fulfilling the
terms of the compliance agreement. While the County and
Town of Queen Creek land use designations are both Rural
(0-1 d.u./acre), the Special Use Permit allows for home
cottage industries such as home auto repair businesses when
appropriately scaled. The Town did not comment on the
request. Staff also received a no comment letter from the
Gila River Indian Community. There are six (6) letters in support
of the proposal and a petition of support including 148
signatures. Staff received no opposition to the request.
Commission
Recommendation:
On 9/1/22, the Commission voted 9-0 to recommend
approval of Z2021075 subject to conditions ‘a’ – ‘i’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled, “Bennett Automotive” consisting of one full-size sheet dated July 28, 2022,
and stamped received August 2, 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, “Bennett Automotive”, consisting of five pages, dated May 2,
September 28, 2022
Z2021075
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2022, and stamped received August 2, 2022, except as modified by the following
conditions.
c.
The following Planning Engineering conditions shall apply:
1.
The applicant will be responsible for coordinating with the Town of Queen
Creek to review any traffic impact, right-of-way dedication, permitting or
roadway improvement requirements for Empire Boulevard Avenue in
conjunction with this proposed entitlement.
2.
The applicant must work with the County Building Official to remedy
unpermitted construction (frame garage) on the site to bring it into
compliance within six (6) months of any (zone change) approval.
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.
d.
The following SUP standards shall apply:
1.
Min. Front Yard – 12’
2.
Min. Lot Area – 39,559 sq. ft.
3.
Pavement – Pavement permitted to be compacted and rolled decomposed
granite with a dust control plan approved by Maricopa County Air Quality
Control except for ADA parking
All other development standards per Rural 43 zoning shall apply.
e.
All outdoor lighting shall be shielded and directed downward and otherwise in
accordance with Section 1112 of the Maricopa County Zoning Ordinance.
f.
The special use permit is valid for a period of 5 years and shall expire 5 years from
the date of BOS approval 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 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.
i.
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
September 28, 2022
Z2021075
Page 3 of 3
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:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachments:
9/1/22 P&Z Packet (34 pages)
Note:
9/1/22 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Z2021075
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021075 – Bennett Auto
Hearing Date:
September 1, 2022
Supervisor District:
1
Applicant:
Richard Bennett
Owner:
Richard Bennett
Request:
Special Use Permit (SUP) for Home Cottage Industry Auto Repair in
the Rural-43 zoning district
Site Location:
Generally located at the NWC of Empire Blvd. & 203rd Way
Site Size:
Approx. 0.91 acres
Density:
N/A
County Island:
Yes, Town of Queen Creek
County Plan:
Queen Creek Area Plan – Rural Densities (0-1 d.u./acre)
Municipal Plan:
Town of Queen Creek - Rural
Municipal Comments:
None received
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2021075
Page 2 of 9
Project Summary:
1.
Richard Bennett is requesting a SUP for the use of his property as a home auto repair
business. The subject property is located in the Queen Creek area in unincorporated
Maricopa County, and is designated as Rural Densities (0-1 d.u./acre) in the Queen Creek
Area Plan. The Town of Queen Creek General Plan designates the subject property’s
land use as Rural.
2.
The subject property is approximately 0.91 acres or 39,559 sq. ft. The applicant also owns
two parcels south of the subject property that are within Queen Creek’s jurisdiction from
a strip annexation along Empire Blvd. that will not be utilized for the business. The subject
property is zoned Rural-43 which requires a minimum 1 acre lot size. The three parcels
originally comprised a parcel of conforming size of approx. 1.01 acres or 44,184 sq. ft.
except that the incorporation of Queen Creek in 1990 and associated strip annexation
created a zoning boundary rendering the lot to be undersized. According to the parcel
record, a previous owner split the two parcels off from the parent parcel in 2000 and
created the three separate parcels. Regardless of the lot split, the subject property is
legal non-conforming by government action due to the strip annexation creating a
zoning boundary (as codified in LU20220043). If the SUP is approved, legal non-
conforming status will no longer apply and the SUP standards, which allow for the lot area
to be varied.
3.
The request for this SUP is a response to the applicant receiving a violation for use of the
property as an unauthorized commercial business (V202000289), along with unpermitted
structures, in a rural zoning district. Use of a property for an auto repair business requires
either C-2 zoning or alternatively a SUP for a home cottage industry if the residence is
occupied by the proprietor. Shortly after receiving the notice of violation, the applicant
entered into a compliance agreement with Code Compliance agreeing to receive
permits for any unpermitted structures and either discontinue the commercial use on the
property or to seek an appropriate entitlement to allow the use. The applicant elected
to seek a SUP in adherence to the terms of the compliance agreement. Staff issued a
revised compliance agreement in 2022 to allow additional time to complete the SUP and
permitting process.
4.
The auto repair business will serve individuals who bring their personal automobiles (cars
and trucks) for service and repair. There will be no repair of construction or commercial
grade vehicles. There will be two employees of the business, the applicant and his son,
whom both reside in the home. The proposed hours of operation are 7:00 a.m. to 6:00
p.m. Monday through Friday. The applicant’s narrative states that work may occur in
those same hours on an occasional Saturday. Access is available to the site from 203rd
Way, a private ingress/egress easement that connects to Empire Blvd. No access will be
available to the site from Empire Blvd.
5.
There are five structures on the subject property including a residence, office, two storage
sheds and a garage with an attached storage structure. Only the garage and office will
be utilized for the proposed business, and this requires a total of 10 parking spaces
(including one ADA space). The applicant’s site plan proposes appropriate parking for
the site (11 total defined spaces). The remainder of the structures will remain part of the
residential use and there is sufficient space on site for the additional required two spaces
per dwelling unit. The structures conform to height and lot coverage requirements. The
Z2021075
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structures do not currently conform to setback requirements due to the parcel split,
jurisdictional boundary and existing access easement. There is no sign proposed at this
time and any outdoor lighting shall be shielded, directed downward and in conformance
with Section 1112 of the Maricopa County Zoning Ordinance. The perimeter of the
property and use will be screened with a minimum 6’ screen wall.
Exhibit 1 – Site Plan Excerpt
Z2021075
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6.
The subject site is zoned Rural-43. The applicable standards for this district and the Rural-
43 SUP are listed below:
REGULATION
BASE ZONING DISTRICT
REGULATIONS (RU-43)
PROPOSED ZONING DISTRICT
REGULATIONS (RU-43 SUP)
Max. Height
30'
30'
Min. Front Yard
40'
12’
Min. Side Yard
30'
30'
Min. Street-side Yard
20'
20'
Min. Rear Yard
40'
40'
Min. Lot Area
43,560 square feet
39,559 square feet
Min. Lot Width
145'
145’
Max. Lot Coverage
25%
25%
Screening
Adjacent to rural or
residential zoning
districts automobile
parking shall be
screened from view.
Solid masonry wall, six
feet in height adjacent
to any side or rear
property line abutting
any rural or residential
zoning district. View-
obscuring wall or fence,
six feet in height, on
perimeter of site with
outdoor industrial use
adjacent to district other
than rural or residential.
Adjacent to rural or
residential zoning districts
automobile parking shall be
screened from view. Solid
masonry wall, six feet in
height adjacent to any side
or rear property line abutting
any rural or residential zoning
district. View-obscuring wall
or fence, six feet in height, on
perimeter of site with outdoor
industrial use adjacent to
district other than rural or
residential.
Pavement
Required
Pavement permitted to be
compacted and rolled
decomposed granite with a
dust control plan approved
by Maricopa County Air
Quality Control except for
ADA parking
7.
The applicant is requesting to establish standards for the minimum front yard setback,
minimum lot area and pavement that differ from Rural-43 zoning. According to the
applicant’s narrative, the applicant is varying the front setback due to the Queen Creek
jurisdictional boundary and the possibility that the current front setback may shift inward
and place the property in non-conformance if there is a taking along Empire Blvd. For
lot area, the property is currently legal non-conforming due to the Town of Queen Creek
creating substandard lot area. Lastly, the applicant is requesting to vary pavement
required to be decomposed granite in order to maintain a more rural, residential
character for the property except for ADA parking.
Exhibit 2 – 2022 Aerial Map
Z2021075
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Exhibit 3 – Rural-43 Zoning District and Surrounding Zoning Districts
Z2021075
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Existing On-Site and Adjacent Zoning / Land Use:
8.
On-site:
Rural-43 / Single-Family Residential
North:
Rural-43 / Single-Family Residential
South:
Queen Creek & Gila River Indian Community / Unknown
& Future ROW
East:
Rural-43 / Single-Family Residential
West:
Rural-43 / Single-Family Residential
Utilities and Services:
9.
Water:
Town of Queen Creek
Wastewater:
Septic
Fire:
Rural-Metro Fire & Ambulance
Police:
MCSO
Right-of-Way:
10.
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
Existing Classification
Empire Blvd.*
40’
40’
Minor Arterial
203rd Way
15’
15’
Private Easement
* No access is proposed from Empire Blvd.
Adopted Plans:
11.
Queen Creek Area Plan (Adopted: 1992): The Queen Creek Area Plan identifies this site
as Rural (0-1 d.u./acre). The Rural category denotes areas where single family residential
development is desirable but urban services (sewer, water, law enforcement, fire
protection, schools, parks, etc.) are limited. Suitability is determined on the basis of
location, access, existing land use patterns, and natural or man-made constraints. Within
any particular development, densities greater than 1.0 du/acre may be permitted, but
only if areas of lower densities offset the increase such that an average of less than 1.0
du/acre is maintained. Uses in this category include agricultural and single family
residential.
12.
Queen Creek General Plan (Adopted: 2018): The subject property is designated as a
Rural land use in the Queen Creek General Plan. The Rural designation denotes areas
occupied by predominantly large lot single-family residential up to 1 dwelling unit per
acre. Land use types include very low density residential (0-1 d.u./acre), agriculture-
related commercial, agriculture, home-based businesses and open space.
Public Participation Summary:
13.
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
and HOA’s within 300’ of the subject parcel and notification to interested parties. Two
Z2021075
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signs were posted on site in accordance with applicable regulations. A Public
Participation Results Report was submitted to Staff in accordance with County
requirements and noted verbal support of the proposal from neighbors.
14.
Staff received six (6) letters in support and a petition of support including 148 signatures
from customers. Staff received no opposition to the request.
15.
Staff received a no comment letter from the Gila River Indian Community and no
comments from Queen Creek.
Outstanding Concerns from Reviewing Agencies:
16.
N/A
Staff Analysis:
17.
Staff is supportive of the SUP request for a home cottage industry auto repair business.
While the land use proposed is not necessarily consistent with a rural land use, a home
cottage industry such as an auto repair business is a relatively common use that when
appropriately scaled can function as a business that brings a benefit to the area while
not causing a great impact to the neighborhood. The Queen Creek rural land use
designation notes that land use types may include home businesses.
18.
Staff finds the requests to alter development standards for the minimum lot area and
minimum front yard reasonable due to the annexation strip along Empire Blvd. The
minimum lot area is legal non-conforming due to the strip and there is the potential that
the front yard location could shift to Empire Blvd. in the event of a full taking of the Queen
Creek jurisdictional area for right-of-way. As such the request for a 12’ front allows the
shifting to occur and for the structures to remain in conformance with setback
requirements. The request to vary the pavement to compacted and decomposed
pavement is also reasonable so that the site retains a relatively rural character.
19.
This property is under violation for the operation of the business and unpermitted
structures. With that in mind, Staff is recommending a five-year SUP timeline at which
point the applicant would need to request a modification of conditions to extend the
timeframe. Staff believes that the applicant has acted in good faith to notify nearby
owners of the proposed change and to provide ample opportunity to make comments.
Staff notes that no concerns have been received throughout the duration of the
application process and the applicant has complied thoroughly with Staff requests for
information and the code compliance process. Staff also notes that the business is the
owner’s livelihood and staff received a significant amount of support for the proposal. If
over this five-year period the property owner demonstrates his home-based automobile
repair business can be a good neighbor then the SUP’s validity period can be extended.
Z2021075
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Recommendation:
20.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval of case Z2021075, subject to conditions ‘a’ – ‘i’.
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled, “Bennett Automotive” consisting of one full-size sheet dated July 28, 2022,
and stamped received August 2, 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, “Bennett Automotive”, consisting of five pages, dated May 2,
2022, and stamped received August 2, 2022, except as modified by the following
conditions.
c.
The following Planning Engineering conditions shall apply:
1.
The applicant will be responsible for coordinating with the Town of Queen
Creek to review any traffic impact, right-of-way dedication, permitting or
roadway improvement requirements for Empire Boulevard Avenue in
conjunction with this proposed entitlement.
2.
The applicant must work with the County Building Official to remedy
unpermitted construction (frame garage) on the site to bring it into
compliance within six (6) months of any (zone change) approval.
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.
d.
The following SUP standards shall apply:
1.
Min. Front Yard – 12’
2.
Min. Lot Area – 39,559 sq. ft.
3.
Pavement – Pavement permitted to be compacted and rolled decomposed
granite with a dust control plan approved by Maricopa County Air Quality
Control except for ADA parking
All other development standards per Rural 43 zoning shall apply
e.
All outdoor lighting shall be shielded and directed downward and otherwise in
accordance with Section 1112 of the Maricopa County Zoning Ordinance.
Z2021075
Page 9 of 9
f.
The special use permit is valid for a period of 5 years and shall expire 5 years from
the date of BOS approval 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 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.
i.
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:
Adam Cannon, AICP, Senior Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (5 pages)
Engineering comments (1 page)
MCESD comments (1 page)
Gila River Indian Community Comments (2 pages)
Support Letters (6 pages)
Support Petition (8 pages)
MARICOPA COUNTY
Legal Description:
Pt. of Sec. 33, T2S, R7E
Applicant: Richard Bennett
P&Z Hearing Date: September 1, 2022
MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA
Z2021075
Aerial Date: 2022
Case Address: 20314 E. Empire Blvd.
Parcel: 304-91-274
SUPERVISORAL DISTRICT NO 1
Special Use Permit for Home Cottage Industry Auto Repair in the Rural-43 zoning district
Phone: 480-840-9880
Narrative Report For
Bennett Automotive
22314 East Empire Blvd.
Northwest corner of Empire Blvd. and 203rd Way
Queen Creek AZ. 85142
Vicinity map
Case Number Z2021075
Application request: Special Use Permit for
Cottage Industry-Home Based Auto Repair
1st submittal: July 2, 2021
Revised May 2, 2022
Purpose of Request
This request is for a Special Use Permit for Cottage Industry-Home Based
Auto Repair on approximately +/- 39598 sq.ft. (+/- .9090 of an acre) located at
203rd Way and East Empire Blvd. in Maricopa county. APN#304-91-274
Description of Proposal
Existing Detached Auto Garage Repair Shop located on property zoned RU-
43 with A Special Use Permit on a parcel that fronts Empire Blvd. in Queen Creek
AZ. The garage was built under permit # B201403822 but not finalized. The Auto
repair shop business takes up approximately half of the property with the other
half being used for a single family residence occupied by the owner, along with a
couple of storage buildings.
Under the Special Use Permit, the business would provide general
automotive repair for cars and trucks. Hours of operation are Monday thru Friday
with an occasional Saturday from 7 a.m. to 6 p.m. The owner of the property and
a second family member equal the two employees, and both live on the premises.
Parking required: 10 spaces (2328/250 = 10)
Provided: 10 spaces plus 1 ADA space, 11 total.
Relationship to Surruding Properties
The site has direct access to 203rd Way from Empire Blvd. The parcel is just
under an acre surrounded by existing +/- one acre residential properties with
existing homes. The property is situated that the Town of Queen Creek has
acquired a 10’ and 15’ easement along the south property line along Empire Blvd.
and the centerline of the roadway is the Maricopa County boundary with the
south side of Empire Blvd. being in Pinal County.
North- RU-43 Maricopa County
East – RU-43 Maricopa County
West- RU-43 Maricopa County
South- Rural Residential Pinal County +/- 1 acre lots.
AREAS OF INTEREST
Maricopa Association of Governments (MAG)
Town of Gilbert
Pinal County
Town of Queen Creek
Maricopa County Parks and Recreation
Maricopa County Sheriff’s Office (MCSO)
Queen Creek County Island Fire District
City of Mesa
Queen Creek Unified School District
Gila River Indian Community
All Property Owners and HOAs within 300’ of the Site
Location and Accessibility
The location of the site is on the northeast corner of Empire Blvd. and 203rd Way.
And is accessed by pedestrian and vehicle traffic from 203rd Way by an existing
driveway entrance. 2 solid swing gates when open access the driveway to the
business and the property is screened on all sides by a 6’ masonry fence. Access
to the existing residence is via its own gated entrance and exit driveway to the
north on 203rd Way.
Circulation System
On-site circulation is via one driveway that enters and exits on the East
property line at 203rd Way for the business with parking spaces on either side of
the driveway within the property.
The offsite circulation is primarily east and west bound traffic pattern on
Empire Blvd. North bound 203rd Way is not a thru street.
Development Schedule
Onsite Parking spaces will be completed when approval of the zoning
change is complete along with the Building departments final Inspection.
Community Facilities and Services
There are no adjacent community parks or amenities. The town of Queen
Creek municipalities buildings and Founders parks are north on Ellsworth Rd. from
Empire Blvd. approximately 6 miles. And Horseshoe Park & Equestrian Center are
approximately one mile to the north on Riggs Rd.
The site is located in the Queen Creek Unified School District. Queen creek
Elementary school PK-6. Newell Barney Junior High school 7-8. And Crimson High
School 7-12.
Public Uliities
Electric: Existing Salt River Project
Refuse: Private
Water: Existing Queen Creek Water
Police: Maricopa Sheriff
Sewer: Existing septic
Fire: Rural Metro
REGULATION
BASE ZONING DISTRICT REGULATIONS
(RU-43)
PROPOSED ZONING
REGULATIONS
(RU-43 SUP)
Max. Height
30’ / 2 stories
30’ / 2 stories
Min. Front Yard
40’
12’
Min. Side Yard
30’
30’
Min. Street Side
Yard
20’
20’
Min. Rear Yard
40’
40’
Min. Lot Area
43,560 sq. ft.
39,559 sq. ft.
Min. Lot Width
145’
145’
Max. Lot
Coverage
25%
25%
Screening
Adjacent to rural or residential
zoning districts automobile parking
shall be screened from view. Solid
masonry wall, six feet in height
adjacent to any side or rear property
line abutting any rural or residential
zoning district. View-obscuring wall
or fence, six feet in height, on
perimeter of site with outdoor
industrial use adjacent to district
other than rural or residential.
Adjacent to rural or residential zoning
districts automobile parking shall be
screened from view. Solid masonry wall,
six feet in height adjacent to any side or
rear property line abutting any rural or
residential zoning district. View-
obscuring wall or fence, six feet in
height, on perimeter of site with outdoor
industrial use adjacent to district other
than rural or residential.
Pavement
Pavement required for all driveways,
parking spaces and access points
Pavement permitted to be compacted
and rolled decomposed granite with a
dust control plan approved by Maricopa
County Air Quality Control except for
ADA parking
JUSTIFICATIONS
Min. Front Yard – Due to the Queen Creek annexation strip on the southern portion of the property, there is the
possibility that the current front setback may shift inward and place the property in non-conformance if there is a
taking along Empire Blvd.
Min. Lot Area – The property has a Queen Creek annexation strip that is a portion of the property the prior owner
split from the parcel. This portion will be restored to the parcel to create a conforming size parcel, but the rules
related to zoning and jurisdictional boundaries still require a minimum of an acre and this is measured at the
zoning boundary.
Pavement – Pavement is requested to be decomposed granite in order to maintain a more rural, residential
character for the property except for ADA parking.
Robert Fedorka, P.E.
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-7151
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Bob.Fedorka@Maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
April 01, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Adam Cannon, Planner, Planning & Development Services
From:
Robert Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2021075 – Zone Change to C-2 CUPD
(E2 Memo)
Job Site Address: 20314 E. Empire Blvd., Queen Creek
APN(s):
304-91-274
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the
2nd submittal of the Zone Change application routed for review on March 22, 2022.
The project does not appear to include any new land disturbance. PND Engineering
has no comments or objections subject to the following conditions:
1. The applicant will be responsible for coordinating with the Town of Queen Creek
to review any traffic impact, right-of-way dedication, permitting or roadway
improvement requirements for Empire Boulevard Avenue in conjunction with this
proposed entitlement.
2. The applicant must work with the County Building Official to remedy unpermitted
construction (frame garage) on the site to bring it into compliance within six (6)
months of any (zone change) approval.
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.
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:
July 13, 2021
TO :
Adam Cannon, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Rezone from RU-43 to C-2 CUPD for Richard Bennett. Z2021075
The Maricopa County Environmental Services Department (MCESD) has received
documentation for this application request is rezone from RU-43 to C-2 CUPD for
Richard Bennett at APS # 304-91-274.
According to the documents submitted, water and sewer service providers are
unknown utility for water and existing septic system, ATC/NOID for water and
(minor plan review) sewer infrastructures are required prior to construction
permit approval.
Based on the above, MCESD raise no concern for this project to the Planning &
Development Department in Accela Automation on July 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.
From:
Kimberly Antone
To:
Adam Cannon (PND)
Cc:
Planning Development Team
Subject:
RE: Z2021075 - Zone Change with Overlay - Richard Bennett Rezone
Date:
Thursday, July 15, 2021 9:00:23 AM
Good Morning Mr. Cannon,
We have no comment regarding this zone change. Thank you for the information.
Kimberly M. Antone, Director
Department of Land Use Planning and Zoning
520-562-6003
From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Sent: Sunday, July 11, 2021 12:03 PM
To: swilken@azmag.gov; vwolfley@azmag.gov; Eva Cutro <Eva.Cutro@GilbertAZ.gov>;
fritz.behring@pinalcountyaz.gov; Kyle Mieras <Kyle.Mieras@gilbertaz.gov>;
planning@co.pinal.az.us; Amy Temes <Amy.Temes@gilbertaz.gov>;
brett.burningham@queencreek.org; Erik Swanson <erik.swanson@queencreekaz.gov>; Eileen Baden
(PRK) <Eileen.Baden@maricopa.gov>; kcotner@azmag.gov; I_thompson@MCSO.maricopa.gov;
kelly@azfireadvisor.com; nana.appiah@mesaaz.gov; planning.info@mesaaz.gov;
djmurlless@qcusd.org; Kimberly Antone <Kimberly.Antone.LUPZ@gric.nsn.us>
Cc: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Z2021075 - Zone Change with Overlay - Richard Bennett Rezone
This email from Adam.Cannon@maricopa.gov has been received from outside of GRIC.
Please use caution before clicking on links, opening attachments or responding. If you are
unsure about this email, you can call the sender to verify the email or call the MIS Help
Desk for further assistance.
Good afternoon all:
This e-mail serves as notification of an application we have received from Richard Bennett for a Zone
Change with Overlay from Rural-43 to C-2 CUPD. Applicable documents for review are available on
the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You
can search for the case by using the Zone Change case number Z2021075.
A virtual TAC meeting has been scheduled for Tuesday, August 3, 2021 at 1:00 p.m. If you would like
to participate, please contact me and I will send you access details.
Please let me know if you have any questions or concerns.
Best regards,
Adam Cannon
Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-372-0292
adam.cannon@maricopa.gov
P&D is now 100% digital for construction permit applications.
Find information on our new permit process here.
To whom it may concern,
I am writing in reference to the continued business of Richard Bennett and his son Jordan out of
their home I generally use them for any needed vehicle repairs and advice they can provide on
repairs I do myself they're honest, fair, and hard-working people you don't see many real father
and son small businesses these days and I'd like to see them thrive and the location of their
shop is convenient, located in a nice area, and very safe and secure. All in all what I'm trying to
say is I'd like to see them remain in business right were they are. Thank you for time
Sincerely,
Christian Lee Blakely
(480) 632-0570
For any concerns about my letter.
Christian Lee Blakely
To whom it may concern,
Bennett Auto is currently our go to source for repairs and fleet
maintenance. We appreciate Bennett’s customer service and
proximity to our campuses. Prior to our service at Bennett’s our
vehicle repair shop was an hour away because there are not
many shops that can handle the type of vehicles we own and
operate. They do provide a necessary service for or schools and
community. Please consider allowing Bennett Auto to stay open
for business.
Thanks
Roy Sublasky
Maintenance/Transportation Director