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August 17, 2022
Z2021133
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
August 17, 2022
Case #/Title:
Z2021133 – Val Vista 1
Supervisor District:
1
Applicant/Owner:
Jessica Sarkissian, Upfront Planning & Entitlements, LLC /
Brenlynn LLC
Request:
Zone Change with Overlay from Rural-43 to C-2 CUPD
Site Location:
Generally located 1,500’ south of the SEC of Warner Rd. & Val
Vista Dr. in the Gilbert area
Site Size:
Approx. 1 acre.
County Island Status:
Yes (Town of Gilbert)
Additional
Comments:
There are no outstanding concerns from reviewing agencies.
There is opposition to the request from the Town of Gilbert. The
request is to rezone approximately 1 acre along Val Vista Dr.
from Rural-43 to C-2 CUPD. The proposed CUPD Overlay will
liberalize billboard development standards with regard to
separation from residential zoning, and will restrict the land
uses normally entitled with C-2 zoning. A plan of
development (POD) for commercial development will be
submitted for administrative review and approval at a later
date.
Commission
Recommendation:
On 7/21/22, the Commission voted 5-1 to recommend
approval of Z2021133 subject to conditions ‘a’ – ‘n’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Zoning Exhibit for Brenlynn LLC“, consisting of 1 full-size sheets, dated
March 22, 2022, and stamped received April 4, 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 “Rezone and CUPD Narrative for Val Vista 1”, consisting of 8 pages,
August 17, 2022
Z2021133
Page 2 of 4
dated March 2022, and stamped received April 4, 2022, except as modified by
the following conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to drainage
design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further
review and/or entitlement.
2.
Any development must ensure that historic drainage patterns are
maintained at the up and downstream limits of development.
3.
All Commercial Development will be required to retain onsite the 100 year
2 hour storm event. All retention basins are required to provide
percolation results that show the basin(s) will drain within 36 hours.
4.
Provide Ingress and Egress for Fire Access and fire access route.
PND Transportation Comments
1.
A traffic impact study must be submitted with any future entitlement
application (i.e. plan of development).
2.
Access to site is proposed from Val Vista Dr which is a public right of way
that has not been adopted by the County, therefore not maintained by
the County. MCDOT has no comments.
3.
Val Vista Drive: Access, driveway Plans and traffic impact study to be
submitted to Jurisdictional agency for approval and permission to work
within their right of way.
Storm Water Quality (SWPPP) – Pre-Construction
1.
The subject premises is located within the County’s Urbanized Area and
will disturb more than one (1) acre (Common Plan of Development). A
Storm Water Pollution Prevention Permit (SWPPP), issued by the County
(PND), will be required prior to issuance of any building permits required
for site development.
General
1.
All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage
Policies and Standards; Floodplain Regulations for Maricopa County;
MCDOT Roadway Design Manual; and current engineering policies,
standards and best practices at the time of application for construction.
d.
The following Maricopa County Environmental Services Department (MCESD)
conditions shall apply:
1.
ATC must be obtained prior to construction permit approval.
2.
Abandonment of the existing septic system also must be obtained.
e.
The following C-2 CUPD standards shall apply:
1.
Minimum billboard distance separation to a rural or residential zone
boundary: 100 feet (but not to include zoning within street right-of-way, or
any open space that is zoned rural or residential but is only being used for
a golf course)
August 17, 2022
Z2021133
Page 3 of 4
2.
Minimum illuminated billboard distance separation to a rural or residential
zone boundary: 150 feet (but not to include zoning within street right-of-
way, or any open space that is zoned rural or residential but is only being
used for a golf course)
3.
Shade structures and or coverings shall not exceed a height of 20’. Site
screening requirement for off-site advertising signs waived.
f.
The CUPD overlay is applied to restrict the use of the site. Until such time as the site
is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County
Environmental
Services
Department
(MCESD)
that
can
be
accommodated by septic systems. A public water system and public sewer
system shall be required prior to establishment of any non-residential use that
requires potable water.
g.
The following C-2 uses are prohibited:
1.
Adult Oriented Facilities
2.
Bars
3.
Liquor Stores
4.
Recreation Centers with pool halls or billiards
5.
Theaters
6.
RV & Boat Storage Facilities
h.
Administrative approval of a Plan of Development will be required prior to
approval and issuance of construction permits to develop and establish use of the
site. Prior to issuance of a building permit, written confirmation will be required from
the emergency fire protection jurisdiction having authority that the facility has
been designed in accordance with their regulations and requirements, and that
emergency fire protection service will be provided to the facility. Prior to issuance
of the certificate of occupancy, local fire protection jurisdiction review and
approval will be required.
i.
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
August 17, 2022
Z2021133
Page 4 of 4
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.
l.
Billboard illumination shall be extinguished/turned off between 11pm and dusk.
m.
Billboard illumination and outdoor lighting must comply with Section 1112 of the
MCZO.
n.
Billboard illumination shall be top down and shielded so as to mitigate light trespass
onto adjacent properties.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
7/21/22 P&Z Packet (27 pages)
Note:
7/21/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
1
G
ross Acres: 1.15 approx.
G
enerated June 29, 2022 12:48 PM
Z2021133
Application Nam
e:
Legal Description
Val Vista 1
Applicant
Case Address
T01S R06E 021,
JESSICA SARKISSIAN for UPFRO
NT PLANNING
& ETITLEM
ENTS, LLC
12825 S VAL VISTA Dr
Applicant Phone/Em
ail
Parcel Prim
ary:304-26-014Z
480.221.6150
JESSICA@
UPFRO
NTPLANNING
.CO
M
G
ILBERT AZ 85296
M
ap scale 1:950
Supervisor District No.
REZO
NE FRO
M
RU-43 TO
C-2 CUPD
5.3585 in
Z2021133
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021133 – Val Vista 1
Hearing Date:
July 21, 2022
Supervisor District:
1
Applicant:
Jessica Sarkissian, Upfront Planning & Entitlements, LLC
Owner:
Brenlynn LLC
Request:
Zone Change with Overlay from Rural-43 to C-2 CUPD
Site Location:
Generally located 1,500’ south of the SEC of E Warner Rd & S Val
Vista Dr. in the Gilbert area
Site Size:
Approx. 1 acre.
Density:
N/A
County Island:
Yes (Town of Gilbert)
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
Town of Gilbert - Residential (0-1 d.u./ac)
Municipal Comments:
Received opposition from Town of Gilbert
Support/Opposition:
No known public opposition
Recommendation:
Approve with conditions
Z2021133
Page 2 of 9
Project Summary:
1.
The applicant is requesting to rezone approximately 1 acre along Val Vista Dr. from Rural-
43 to C-2 CUPD. The CUPD Overlay will liberalize billboard development standards and
will restrict the commercial land uses. A plan of development (POD) for commercial
development will be submitted for administrative review and approval at a later date.
2.
The parcel currently has an existing single-family residence with detached four-post
carport that were previously approval for a variance to the front setback. Most of the
surrounding area had been annexed by the Town of Gilbert but several adjacent parcels
remain within unincorporated Maricopa County. The applicant does not intend to pursue
annexation. All structures proposed will adhere to existing lot line boundaries. The filing
date of this application was October 26, 2021 and a TAC meeting open to public
observation was held on December 6th, 2021.
3.
The following development standards are proposed with the CUPD table below, changes
to base development standards shown in bold:
Development
Standards
C-2 Development
Standards
Proposed C-2
Development
Standard
Staff
Recomendation
Ordinance
Applicant Proposal
Staff Proposal
Min. Distance
between Billboard and
Rural/Residential zone
boundary
100’
65’
100’ but not to
include zoning
within street right-
of-way or any open
space that is zoned
rural or residential
but is only being
used for a golf
course
Min. Distance
between Illuminated
Billboard and
Rural/Residential zone
boundary
150’
65’
150’ but not to
include zoning
within street right-
of-way or any open
space that is zoned
rural or residential
but is only being
used for a golf
course
Site Enclosure &
Screening – whether
abutting a Rural
zoning district or not
≥6’ high solid
masonry wall when
abutting Rural
zoning district, and
site enclosure of
≥6’ high with
building walls, walls
or fences of any
view obscuring
material. No
Shade structures
and or coverings
shall not exceed a
height of 20’. Zero
screening required
for a billboard.
Z2021133
Page 3 of 9
outdoor
commercial use or
enclosure shall
encorach into any
required setback
area adjacent to
any street, nor shall
any storage
products or
materials
Subject Site with Surrounding County and Town of Gilbert Zones
Z2021133
Page 4 of 9
Subject Site Aerial and Surrounding Land Uses
Z2021133
Page 5 of 9
Proposed Zoning Exhibit
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Single Family Residence & Minor Agricultural Use
North:
Union Pacific RR then Town of Gilbert Community Commercial zone
/ Self Storage Facility
South:
Rural-43 / Single Family then Industrial
East:
Town of Gilbert Public Facility/Institution Zone / SRP Santan
Generating Station
West:
Val Vista Dr then Town of Gilbert SF-6 / Residential Subdivision
Utilities and Services:
5.
Water:
Town of Gilbert
Wastewater:
Septic
School District/s:
Gilbert Unified School District
Fire:
Town of Gilbert
Police:
Town of Gilbert
Z2021133
Page 6 of 9
Right-of-Way:
6.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Val Vista Dr.
65’
N/A
Dedicated to MCDOT
Adopted Plan:
7.
Town of Gilbert General Plan - Residential land uses of 0-1 d.u./ac.
Public Participation Summary:
8.
The applicant informed nearby property owners and neighborhood associations,
including schools, agencies, and businesses near the project site of the rezoning
application.
•
Neighborhood Meeting Letters Sent – January 8, 2022
•
Neighborhood Meeting – February 2, 2022
•
Date of Notice Letter Sent – March 14, 2022
•
Sign Posted on Site – March 22, 2022.
•
Sign Posted with Hearing Date Information Added on Site – May 19, 2022
•
Property Owner’s Within 300’ address labels and postage provided to the County
staff – March 29, 2022.
•
After mailouts and site postings, applicant received no calls or requests for a meeting.
There was one call from a neighbor to the south who was interested in the rezone and
not opposed to commercial uses but was opposed to the billboard usage.
Outstanding Concerns from Reviewing Agencies:
9.
Town staff sent an opposition letter on January 14, 2022. The proposed C-2 zoning
conflicts with low-density residential land use designated in the Gilbert General Plan.
Furthermore, the opposition letter indicated that Offsite Commercial Signs, or billboards,
are prohibited in the Town of Gilbert.
Staff Analysis:
10.
The site appears appropriate for commercial development fronting an arterial, adjacent
to a railroad and between existing industrial zoning to the south and commercial zoning
to the north. With that said, Town of Gilbert does not support billboards within their
municipal planning area. To help lessen the potential impacts of illumination of the
billboard, applicant has agreed to time of use for illumination of the billboard, with top-
down illumination being extinguished between 11pm and dusk.
Z2021133
Page 7 of 9
Recommendation:
11.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2021133 subject to the following conditions ‘a’ – ‘n’.
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Zoning Exhibit for Brenlynn LLC“, consisting of 1 full-size sheets, dated
March 22, 2022, and stamped received April 4, 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 “Rezone and CUPD Narrative for Val Vista 1”, consisting of 8 pages,
dated March 2022, and stamped received April 4, 2022, except as modified by
the following conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to drainage
design, access and roadway alignments. These items will be addressed as
development plans progress and are submitted to the County for further
review and/or entitlement.
2.
Any development must ensure that historic drainage patterns are
maintained at the up and downstream limits of development.
3.
All Commercial Development will be required to retain onsite the 100 year
2 hour storm event. All retention basins are required to provide
percolation results that show the basin(s) will drain within 36 hours.
4.
Provide Ingress and Egress for Fire Access and fire access route.
PND Transportation Comments
1.
A traffic impact study must be submitted with any future entitlement
application (i.e. plan of development).
2.
Access to site is proposed from Val Vista Dr which is a public right of way
that has not been adopted by the County, therefore not maintained by
the County. MCDOT has no comments.
3.
Val Vista Drive: Access, driveway Plans and traffic impact study to be
submitted to Jurisdictional agency for approval and permission to work
within their right of way.
Storm Water Quality (SWPPP) – Pre-Construction
1.
The subject premises is located within the County’s Urbanized Area and
will disturb more than one (1) acre (Common Plan of Development). A
Storm Water Pollution Prevention Permit (SWPPP), issued by the County
(PND), will be required prior to issuance of any building permits required
for site development.
General
Z2021133
Page 8 of 9
1.
All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage
Policies and Standards; Floodplain Regulations for Maricopa County;
MCDOT Roadway Design Manual; and current engineering policies,
standards and best practices at the time of application for construction.
d.
The following Maricopa County Environmental Services Department (MCESD)
conditions shall apply:
1.
ATC must be obtained prior to construction permit approval.
2.
Abandonment of the existing septic system also must be obtained.
e.
The following C-2 CUPD standards shall apply:
1.
Minimum billboard distance separation to a rural or residential zone
boundary: 100 feet (but not include zoning within street right-of-way, or any
open space that is zoned rural or residential but is only being used for a golf
course)
2.
Minimum illuminated billboard distance separation to a rural or residential
zone boundary: 150 feet (but not to include zoning within street right-of-
way, or any open space that is zoned rural or residential but is only being
used for a golf course)
3.
Shade structures and or coverings shall not exceed a height of 20’. Site
screening requirement for off-site advertising signs waived.
f.
The CUPD overlay is applied to restrict the use of the site. Until such time as the site
is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County
Environmental
Services
Department
(MCESD)
that
can
be
accommodated by septic systems. A public water system and public sewer
system shall be required prior to establishment of any non-residential use that
requires potable water.
g.
The following C-2 uses are prohibited:
1.
Adult Oriented Facilities
2.
Bars
3.
Liquor Stores
4.
Recreation Centers with pool halls or billiards
5.
Theaters
6.
RV & Boat Storage Facilities
h.
Administrative approval of a Plan of Development will be required prior to
approval and issuance of construction permits to develop and establish use of the
site. Prior to issuance of a building permit, written confirmation will be required from
the emergency fire protection jurisdiction having authority that the facility has
been designed in accordance with their regulations and requirements, and that
emergency fire protection service will be provided to the facility. Prior to issuance
of the certificate of occupancy, local fire protection jurisdiction review and
approval will be required.
i.
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.
Z2021133
Page 9 of 9
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.
l.
Billboard illumination shall be extinguished/turned off between 11pm and dusk.
m.
Billboard illumination and outdoor lighting must comply with Section 1112 of the
MCZO.
n.
Billboard illumination shall be top down and shielded so as to mitigate light trespass
onto adjacent properties.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Zoning Exhibit Plan (reduced 8.5”x11”, 1 page)
Narrative Report (8 pages)
PND Engineering comments (2 pages)
MCESD comments (1 page)
Town of Gilbert Letter of Opposition (5 pages)
304-26-014Z
S. VAL VISTA DR.
UNION PACIFIC RAILROAD
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48511
NICOLE LEE
POSTEN
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ITEM
DATE
EXPIRES___________________
DWG #:
JOB #:
DWG NAME:
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND IS
THE SOLE PROPERTY OF ON POINT ARCHITECTURE, LLC,
ANY USE OF THIS DRAWING WITHOUT THE WRITTEN
CONSENT OF ON POINT ARCHITECTURE, LLC IS PROHIBITED.
DRAWING SCALES INDICATED ARE FOR REFERENCE ONLY
AND ARE NOT INTENDED TO ACCURATELY DEPICT ACTUAL
OR DESIGN CONDITIONS. WRITTEN DIMENSIONS SHALL
GOVERN.
ALWAYS USE DIMENSIONS AS SHOWN. DRAWINGS ARE NOT
TO BE SCALED.
P. 480 227 5259
MESA, ARIZONA
for
9/30/2020
WWW.ONPOINTARCHITECTURE.COM
.
.
LEGAL DESCRIPTION
AS RECORDED AS DEED 20100903566
THE NORTH 293.99 FEET OF THE PORTION OF THE NORTHWEST
QUARTER OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF
THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, LYING SOUTH AND WEST OF THE RIGHT OF
WAY OF THE SOUTHERN PACIFIC COMPANY RIGHT OF WAY:
EXCEPT THAT PART OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE
6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 293.99 FEET SOUTH OF THE SOUTHERLY
RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD
INTERSECTED WIT HTEH WEST SECTION LINE OF SAID SECTION
21:
THENCE EAST 348.8 FEET:
THENCE NORTHWESTERLY TO A POINT OF THE WEST LINE OF
SAID SECTION, A DISTANCE OF 25 FEET NORTH OF THE POINT OF
BEGINNING;
THENCE SOUTH 25 FEET TO THE POINT OF BEGINNING.
2023
VICINITY MAP
NOT TO SCALE
SUBJECT
PROPERTY
ZONING EXHIBIT FOR BRENLYNN LLC
PORTION OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 1 SOUTH, RANGE 6 EAST OF THE GILA
AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA
PROJECT DATA
0'
30'
60'
75'
150'
SITE PLAN IS SHOWN FOR EXHIBIT ONLY, NOT FOR CONSTRUCTION
2118
ZONING EXHIBIT
BRENLYNN LLC
APN: 304-26-014Z
GILBERT, ARIZONA
EX01
SITE PLAN EXHIBIT
3-22-22
8-05-21
OWNER REVIEW
2022
3-22-22
OWNER REVIEW
Rezone Narrative
Maricopa County
1
REZONE AND CUPD NARRATIVE FOR
VAL VISTA 1
CASE # Z2021133
Submitted to:
Maricopa County Planning Department
301 West Jefferson St, Suite 170
Phoenix, AZ 85003
Prepared by:
Upfront Planning & Entitlements, LLC
Ph: (480) 221-6150
Email: Jessica@upfrontplanning.com
March 2022
Rezone Narrative
Maricopa County
2
1.
REQUEST
Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a rezone
request with a CUPD overlay on approximately 1.15 gross acres located just south of the
Union Pacific Railroad (UPRR) and just east of Val Vista Drive in an unincorporated area of
the County.
The property is identified as Maricopa Assessor Parcel Number 304‐26‐014Z (the
“Property”) at 12825 S Val Vista Drive within unincorporated Maricopa County (the
“County”) and is zoned as RU‐43. The property owner requests to rezone the parcel to
allow future commercial office and retail uses on the site.
2.
BACKGROUND
The surrounding property has slowly over the years been annexed into the Town of Gilbert
and developed with a variety of commercial, public facilities, residential and rural
agricultural uses.
The Property is directly adjacent to the highly utilized Union Pacific Railroad (UPRR) just to
the east and north of the site. Along the railroad both high intensity commercial and
industrial compatible uses have developed developing along the UPRR to act as a buffer to
the nearby residential and local community uses. Directly to the west is a golf course
subdivision community which would benefit from having a buffer use to remain between
itself and the railroad to mitigate noise and visibility.
This owner seeks to make the property more in line with the surrounding properties
located to the north and along the railroad which also front along Val Vista Road. Val Vista
is a six‐lane divided highway with a railroad crossing making this site more compatible to
site
Rezone Narrative
Maricopa County
3
C‐2 commercial uses. Given the sites size, shape and location, residential is no longer
appropriate for this site and a commercial use is more line with the area and uses along a
highly utilized railroad.
3.
PROPOSAL
The property owner requests a rezoning from RU‐43 to C‐2 CUPD to allow the property
owner to develop associated and compatible uses to the adjacent railroad for retail and
office uses including varying standards for billboard separation distance requirements.
Exact locations of any new commercial buildings, offices or etc. will be proposed during the
Plan of Development process through Maricopa County and site plan review.
Additionally, due to the site’s location adjacent to the railroad, Val Vista Road and the SRP
Generating Station, deviations to the standard development standards are being requested
to allow for reduced billboard separation to a rural/ residential zone and to continue allow
the existing uses which are currently grandfathered on site. These uses match with the
surrounding intense railroad use, SRP power plant, community commercial uses and major
6‐lane road arterial adjacent to the site. The existing Town of Gilbert Residential zone goes
to the centerline of the 6‐lane arterial, so although we are asking for a deviation in
separation distance from 100 and 150 feet to 65 feet for a billboard, the nearest house to
the west is over 230 feet away and it is also behind the golf cart path and lush landscaping
of the Western Skies Golf Course from the proposed C‐2 zoning. The existing house to the
south is zoned GR and will be separated by greater than 150’ to the GR zone boundary.
Rezone Narrative
Maricopa County
4
A CUPD overlay, in conjunction with C‐2, is requested for the following deviations (changes
are in bold):
Table 1 – Development Standards
Development Standards
C‐2 Development
Standards
Proposed C‐2 Development
Standard
Front Yard
10‐feet
10‐feet
Front Yard – where the frontage
between two intersecting streets is
located partly in the C‐2 Zoning
District and partly in a rural or
residential zoning district there
shall be a front yard equal to the
front yard required in the adjoining
rural or residential zoning district
25‐feet
25‐feet
Side Yard Setback
0 feet
0 feet
Side Yard ‐ abutting rural or
residential zoning district
10 feet
10 feet
Rear Yard Setback
0 feet
0 feet
Rear Yard ‐abutting rural or
residential zoning district
25 feet
25 feet
Lot Coverage
60%
60%
Maximum Height
40‐feet
40‐feet
Minimum billboard distance
seperation between a rural or
residential zone boundary.
100 feet
65 feet
Minimum illuminated billboard
distance seperation between a
rural or residential zone boundary.
150 feet
65 feet
Off‐Site Sign Maximum Size
300 square feet
300 square feet
Site Enclosure and Screening –
whether abutting a Rural zoning
district or not
≥ 6’ high solid masonry
wall when abutting Rural
zoning district, and site
enclosure of ≥ 6’ high
with building walls, walls
or fences of any view
obscuring material. No
outdoor commercial use
or enclosure shall
encroach into any
required setback area
adjacent to any street,
nor shall any storage
products or materials
Shade structures and or
coverings shall not exceed a
height of 20’. Zero screening
required for a billboard.
Rezone Narrative
Maricopa County
5
exceed the height of any
such enclosure.
4.
PERMITTED USE LIST
The following are a list of permitted uses and non‐permitted uses for this proposed C‐2
property as it was requested by the Town to remove certain uses which are not appropriate
for traffic circulation mid‐block.
Use Description
Principally
Permitted
Not Permitted
Any use permitted in the C‐1 Zoning District in
the MCZO
X
Adult Oriented Facilities
X
Art metal and ornamental iron shops
X
Automobile laundries
X
Automobile repair shops and garages, including
outside vehicle display and storage
X
New and used, automobile and golf cart sales
and rentals
X
Awning and canvas store
X
Bars, including retail sales of package goods for
X
Health spas and public gyms
X
Billboards
X
Blueprint, photostat and reproduction (copy)
services
X
Boat sales, including outside display area and
storage.
X
Cabinet and carpenter shops
X
Catering establishments
X
Conservatories or studios: Art, dancing, music.
X
Department stores
X
Drive‐in or drive‐thru restaurants and
refreshment stands
X
Electrical fixtures and appliance sales, repair
and service
X
Feed Stores with outside storage
X
Funeral homes, mortuaries and chapels
X
Furniture stores, new, used, finished or
unfinished
X
Gas (butane or propane), retail sales of
X
Hospitals
X
Hotels, motels, resorts
X
Rezone Narrative
Maricopa County
6
Use Description
Principally
Permitted
Not Permitted
Laboratories, medical or dental
X
Farm animal (horse, cattle and other farm
animal) medical clinics and surgical hospitals
X
Liquor stores
X
Nurseries, flower and plant sales, provided all
incidental equipment and supplies including
fertilizer and empty cans
X
Paint and wall paper stores
X
Parking lots and public garages, vehicle storage
X
Pet shops, including boarding of cats and dogs
and other small animals
X
Plumbing shops
X
Recreation centers with Pool halls or billiards
X
Radio and television broadcasting stations and
studios
X
Rental services: household, lawn, garden,
sickroom or office equipment
X
Retail stores
X
Restaurants and cafes, including patios, cocktail
lounges and outside dining and drinking areas.
X
Taxidermists
X
Theaters, not drive‐in or adult oriented
X
Tinsmith shops
X
Trade schools
X
Upholstery shops
X
Veterinary hospitals, clinics and
kennels for dogs, cats and small
animals.
X
Self‐storage facilities
X
RV and Boat Storage facilities
X
Accessory buildings and uses
customarily incidental to the above
permitted uses
X
5.
RELATIONSHIP TO SURROUNDING PROPERTIES
The surrounding parcels of the Property consist of a mix of Community Commercial,
unincorporated rural large lots, public facilities and a residential community. This area is
a hot spot in the east valley of activity near the intersection of Val Vista and Warner Roads
Rezone Narrative
Maricopa County
7
which is also near the San Tan SRP Generating Station, the UPRR Railroad and several
community commercial centers.
The Comprehensive/ General Plan Land Use classifications, along with the existing zoning
and uses for the parcels adjacent to the Property, are listed in the following table:
Adjacent Land Uses
Direction
General Plan Land Use
Existing Zoning
Existing Use
North
Unincorporated/
Gilbert General
Commercial
Gilbert CC
UPRR and Storage Facility
East
Unincorporated/
Gilbert General
Commercial
Gilbert CC
UPRR and Storage Facility
South
Unincorporated/
Gilbert Rural 0‐1
RU‐43
Large Lot Rural
West
Unincorporated/
Gilbert Residential 3.5‐
5 and 5‐8
Gilbert SF‐6
Western Skies Golf
Subdivision
The Maricopa County Comprehensive Plan shows the site as Unincorporated.
The proposed commercial zoning is consistent with the designated adjacent Town of
Gilbert land uses of Community Commercial (CC), Public Facilities/ Institutional (FF/ I) and
the adjacent Union Pacific Railroad (UPRR). Additionally, the large SRP San Tan Generating
Station is located just to the east across the UPRR.
Much of the surrounding area was annexed by the Town of Gilbert in the 1980s and early
1990s with the planning focusing on the golf course community and the commercial corner
and locating the generating station. The annexations left an island of several properties
around this site many of which can been seen o historical aerials are utilizing the site for a
small residence and outdoor storage facilities. There is currently no immediate intent to
annex the Property.
6.
ZONING
The existing RU‐43 zoning district is being utilized with the existing residence on site with
barn/ hay structure for agricultural use and storage on site since at least 1957 per historical
aerials. The owner wishes to continue this use as grandfathered use until they sell their
property for commercial uses. This rezoning of the site to Commercial C‐2 is to allow future
commercial office or retail uses similar to the properties to the north and in line with what
is appropriate directly adjacent to the railroad while fronting a major arterial roadway and
buffering residential uses to the west located across Val Vista Road. The site being adjacent
to a 6‐lane divided major arterial and having the rear of the longest side of the property
Rezone Narrative
Maricopa County
8
adjacent to the Union Pacific Railroad (UPRR) makes this site more poised for a higher
intensity commercial use then the existing low‐density residential use.
7.
PHASING
The applicant anticipates that development will occur shortly after the C‐2 zoning is
approved. The developer will still need to move forward with a Plan of Development and
will conduct a drainage review for any new development.
8.
COMMUNITY FACILITIES AND SERVICES
The property is within the Gilbert Unified School District. This project is not anticipated to
generate any demand to the school district.
9.
PUBLIC UTILITIES AND SERVICES
Sewer – The Property currently does not have sewer, but is adjacent to lines maintained by
the Town of Gilbert and is currently utilizing an existing septic system.
Water – The subject site is within the service area of Gilbert and the site currently utilizes
a well on site.
Power – Salt River Project is the electricity provider for the area.
10.
CONCLUSION
The proposed rezone application will allow the site to develop as an appropriate buffer to
the heavily utilized UPRR railroad with commercial uses appropriate for a 6‐lane major
arterial and adjacent to a power plant to transition to the less intense uses across Val Vista
Road.
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INTER-AGENCY COMMUNICATION
DATE:
January 14, 2022
TO:
Maricopa County Technical Advisory Committee
FROM:
Josh Rogers, Planner II
SUBJECT:
Case Z2021133 – Val Vista 1 Rezone
Thank you for the opportunity to provide comments on the proposed rezone of the 1.15 acres from RU-43 to
C-2 CUPD. For the following reasons, the Town of Gilbert has significant concerns with what’s proposed in
Case # Z2021133:
•
The proposed C-2 zoning designation conflicts with the vision Gilbert’s residents have set forth for this
area in the 2020 Gilbert General Plan. In August of 2020, Gilbert residents reaffirmed their
commitment to see this area remain as a low-density residential use as indicated by the Residential <
0-1 Dwelling Units per Acre land use designation in the General Plan.
•
Offsite Commercial Signs (billboards) are prohibited in the Town of Gilbert. In the attached letter of
opposition to the passage of Case #TA2018001 Off-Site Advertising Signs, from Town of Gilbert Mayor
Peterson to the Maricopa County Board of Supervisors, concerns were raised regarding the passage
of the text amendment:
o The amendment would cause “…a proliferation of digital billboards, which are excessive in
height and size (area), and would increase visual clutter, produce light pollution, distract
motorists, obstruct adjacent land uses and signs, block the scenic views of the surrounding
environment, and detract from the night sky”;
o “The proposed sign regulation would result in increased pressure from advertisement
companies to utilize all available County Islands within Gilbert to erect digital billboards
because of the financial incentive created by this text amendment. The proposed sign
regulation would essentially create a “gold rush” and potentially cause Gilbert to be inundated
with unsightly billboards that our residents have specifically prohibited.”; and
o “The proposed sign regulation would inappropriately incentivize property owners to rezone
their unincorporated property to the County’s C-2, C-3, IND-2, or IND-3 zoning districts in order
to capitalize on the expected demand from advertising companies.”
The residents of Gilbert have prohibited the use of billboards within the Town and the request in Case
Z2021162 is a direct manifestation of the reasons for Gilbert’s opposition to the aforementioned text
amendment and it goes directly against the will of our residents.
2 | P a g e
Deviation Requests
•
Minimum Illuminated Billboard distance separation between a rural or residential zone boundary
o The request to allow the illuminated billboard closer to residential is strongly opposed by
the Town as it will interfere with the use and enjoyment of the nearby residential properties
located both in the Western Skies residential community on the western side of Val Vista
those in nearby county islands.
o The Town of Gilbert zones to the centerline of the adjacent right of way, therefore the
proposed billboard location appears to be located within 65’ of the Single Family-6 (PAD)
residential zoning boundary west of the subject site.
•
Off-Site Sign Maximum Size
o The request to increase the maximum size of the billboard to over double the current
standard is also strongly opposed by the Town. The Town of Gilbert is concerned with the
detrimental impacts this will have on the use and enjoyment of nearby Town and County
residential properties.
•
Site Enclosure and Screening
o Screening of outdoor storage products or materials in the Town of Gilbert Land
Development Code is similar to the Maricopa County codes and require all materials to be
fully screened by the wall/enclosure.
▪
Section 5.2.11.A.7 – Outdoor storage areas shall be screened from public view
and enclosed solid wall or fence with a solid gate.
o The Town requests the applicant meet current standards of the Maricopa County zoning
ordinance.
For the above reasons, the Town of Gilbert strongly urges the applicant to reconsider the proposal and
to modify the request to conform to the vision of the Town’s residents.
Thank you for your consideration.
Josh Rogers
Planner II
Attachments:
1. Town of Gilbert Response to TA2018001
2. Adjacent Residential Zoning Boundary
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INTER-AGENCY COMMUNICATION
DATE:
September 22, 2021
TO:
Maricopa County Board of Supervisors
FROM:
Mayor Brigette Peterson, Town of Gilbert
SUBJECT:
Case TA2018001 – Off-Site Advertising Signs (Billboards)
Thank you for the opportunity to provide comments on the pending text amendment relating to Off-Site
Advertising Signs (Billboards) as proposed in Case # TA2018001.
The Town previously sent comments on May 22, 2019, June 16, 2019, and September 9, 2021. Although
some changes to the text amendment have been made, many of the Town’s concerns remain.
A significant number of designated “County Islands” exist within Gilbert’s Planning Boundary and the passage
of such an amendment would adversely affect the surrounding residents, travelling public and the vision of
our Town.
For the following reasons, the Town of Gilbert strongly recommends denial of Case # TA2018001:
•
Offsite Commercial Signs (billboards) are prohibited in the Town of Gilbert. The Gilbert sign code also
has strict regulations with respect to sign illumination and animation. The Town requests County
Islands located within the perimeter boundary of a municipality which prohibits Offsite Commercial
Signs, be excluded from the provisions of this text amendment;
•
The proposed sign regulation would cause a proliferation of digital billboards, which are excessive in
height and size (area), and would increase visual clutter, produce light pollution, distract motorists,
obstruct adjacent land uses and signs, block the scenic views of the surrounding environment, and
detract from the night sky;
•
The proposed sign regulation permits existing, non-conforming billboards to convert to digital
billboards. Enhancements to non-conformities are in opposition to most zoning regulations that allow
the non-conformity to continue only in its present form and scope. Drawing more attention to a non-
conforming billboard by converting it to digital is not supported by the Town, nor is the requirement
that a decorative pole cover identifying the nearest city be included in the conversion to digital. Not
only could this unnecessarily enhance a non-conformity, it may also unacceptably “advertise” the
nearest city on land, such as a County Island, that is not within the City. The Town requests existing,
non-conforming billboards to be excluded from being able to conduct the enhancements enabled by
the proposal;
•
The provisions set forth in Article 1112.3.2 of the Maricopa County Zoning Ordinance do not establish
enforceable trespass standards. The Town requests the inclusion of specific light trespass standards
2 | P a g e
and strongly recommends a maximum luminance of 0.3-foot candles, measured at the property line,
be included with this text amendment. In areas zoned for any type of residential occupation (including
parks), a trespass limit of 0.1 foot-candles should be enforced, at the property line;
•
The proposed sign regulation would result in increased pressure from advertisement companies to
utilize all available County Islands within Gilbert to erect digital billboards because of the financial
incentive created by this text amendment. The proposed sign regulation would essentially create a
“gold rush” and potentially cause Gilbert to be inundated with unsightly billboards that our residents
have specifically prohibited;
•
The proposed sign regulation would inappropriately incentivize property owners to rezone their
unincorporated property to the County’s C-2, C-3, IND-2, or IND-3 zoning districts in order to capitalize
on the expected demand from advertising companies;
•
The 150’ distancing requirement for illuminated billboards, when adjacent to a residential zoning
district, would reasonably interfere with the use and enjoyment of the nearby properties. The Town
requests increasing the distance requirement to 500’, when adjacent to residential, to match the
proposed distance requirements to parks and schools;
•
Any proposed standards to regulate billboards should prohibit them along local freeways, limit the
hours of operation, and only allow placement where they can appropriately fit in the landscape.
For the above reasons and the fact that this amendment has received an enormous amount of opposition
from jurisdictions, professional organizations and citizens, the Town of Gilbert strongly urges the Maricopa
County Board of Supervisors to recommend denial of Case TA2018001.
Thank you for your consideration.
Mayor Brigette Peterson
Town of Gilbert
Single Family-6
(SF-6) residential
zoning boundary.
65'-0"
Anh Harambasic, P.E.
Planning & Development
301 W. Jefferson Ave., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-3611
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Anh.Harambasic@Maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
November 15, 2021
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Daniel Johnson, Planner, Planning & Development Services
From:
Anh Harambasic, P.E., Planning & Development Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2021133 Zone Change from RU-43 to C-2 Without a Plan of
Development.
Job Site Address: 12825 S. Val Vista Road: Southeast Corner of Val Vista Dr &
Union Pacific Rail Road
APN(s):
306-26-014Z
This application is to specify zoning for future development areas and does not include
a Plan of Development.
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st
submittal of the Zone Change application routed for review on October 28 2021 and
has no objections subject to the following conditions:
Drainage/Engineering Plan Review Comments
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to drainage design, access and
roadway alignments. These items will be addressed as development plans
progress and are submitted to the County for further review and/or entitlement.
2. Any development must ensure that historic drainage patterns are maintained at
the up and downstream limits of development.
3. All Commercial Development will be required to retain onsite the 100 year 2 hour
storm event. All retention basins are required to provide percolation results that
show the basin(s) will drain within 36 hours.
4. Provide Ingress and Egress for Fire Access and fire access route.
Flood Control District Comments
1. The site is not located in a Special Flood Hazard Area. The Flood Control District
has no comments on this application.
PND Transportation Comments
1. A traffic impact study must be submitted with any future entitlement application
(i.e. plan of development).
2. Access to site is proposed from Val Vista Dr which is a public right of way that has
not been adopted by the County, therefore not maintained by the County.
MCDOT has no comments.
3. Val Vista Drive: Access, driveway Plans and traffic impact study to be submitted
to Jurisdictional agency for approval and permission to work within their right of
way.
Storm Water Quality (SWPPP) – Pre-Construction
1. The subject premises is located within the County’s Urbanized Area and will
disturb more than one (1) acre (Common Plan of Development). A Storm Water
Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required
prior to issuance of any building permits required for site development.
General
1. All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
Please contact me if you have any questions or require any additional information.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE:
November 2, 2021
TO :
Daniel Johnson, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
REZONE FROM RU-43 TO C-2 CUPD. Z2021133
The Maricopa County Environmental Services Department (MCESD) has reviewed
revised documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project is a REZONE FROM RU-43
TO C-2 CUPD at APN# 304-26-014Z. Water and Sewer will be provided by Town of
Gilbert. MCESD has concerns, ATC must be obtained prior to construction permit
approval. Abandonment of the existing septic system also must be obtained.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Accela: on November 2, 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.