Extracted text (via pymupdf)
26097 characters
April 6, 2022 Z2021123 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: April 6, 2022 Case #/Title: Z2021123 – 4202 & 4150 W. Sunland Ave. Supervisor District: 5 Applicant/Owner: Peter Batshelet / IV Bat Holdings, LLC Request: Rezone from Rural-43 to IND-2 IUPD Site Location: Generally located 670’ east of the NEC of Sunland Ave. and 43rd Ave. in the Phoenix area Site Size: Approximately 3.1 acres County Island Status: Yes (City of Phoenix) Additional Comments: The applicant is requesting a Zone Change from Rural – 43 to IND-2 IUPD. The applicant has expressed intention to use the parcel for outdoor construction storage or similar use. There are no outstanding concerns from County reviewing agencies. Staff has received one letter of opposition, provided to the Commission. The site is within the Phoenix Municipal Planning Area and designated as Large Lot (1-2 du/ac.). Additionally, the parcel is within the Laveen Area Plan and is designated as open space. While the proposal is not in line with the land designation staff is under the opinion that it is in line with current land uses in the area. Two adjacent parcels are zoned IND-2, a third adjacent parcel has a SUP for interim industrial, and there are several industrial uses along 43rd Ave which is less than 700’ west of the site. Additionally, the site is surrounded by several large mining/extraction operations within ½ mile in several directions. Commission Recommendation: On 3/10/22, the Commission voted 7-0 to recommend approval of Z2021123 subject to conditions ‘a’ – ‘f’: a. The IUPD 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 April 6, 2022 Z2021123 Page 2 of 3 system shall be required prior to establishment of any non-residential use that requires potable water. b. 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. c. Subject to the following Planning Engineering conditions: 1. Without the submittal of a precise plan of development, no approval is implied 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. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 4. 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. 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. e. 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. f. 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 April 6, 2022 Z2021123 Page 3 of 3 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: Joseph Mueller, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 3/10/22 P&Z Packet (7 pages) 3/10/22 PZ Handout – Opposition (2 pages) Note: 3/10/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Case #Z2021123 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2021123 – 4202 & 4150 Sunland Ave Hearing Date: March 10, 2022 Supervisor District: 5 Applicant: Peter Batshelet Owner: IV Bat Holdings, LLC Request: Rezone from Rural-43 to IND-2 IUPD Site Location: Generally located 670’ east of the NEC of Sunland Ave. and 43rd Ave. in the Phoenix area Site Size: Approximately 3.1 acres Density: N/A County Island: Yes (Phoenix) County Plan: Laveen – Open Space Municipal Plan: Phoenix – 1 to 2 du/acre – Large lot Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Case #Z2021123 Page 2 of 7 Project Summary: 1. The applicant is seeking a zone change with overlay from Rural-43 to IDN-2 IUPD. While no Plan of Development was included with the proposal, the applicant has indicated in the narrative that the parcel will be used as a construction yard or similar type of use. Several of the parcels adjacent to the subject parcel have similar uses and are already zoned IND-2 or have other entitlements that allow for similar uses. The two parcels to the east, for example are used to produce manufactured housing. 2. The subject parcel was created via a lot combination of APNs 105-69-444 and 105-69- 017V on January 26, 2022. Prior to the applicant’s pursuit of the current proposal there was no recent history on the parcel. The pre-application meeting was held July 27, 2021 and the subject case was applied for on October 4, 2021. 3. The applicant is seeking to change the zone to IND-2 IUPD and in the process modify the following development standards: REGULATION BASE ZONING DISTRICT REGULATIONS (IND-2) PROPOSED ZONING REGULATIONS (IND-2 IUPD) Height 40’ 40’ Min. Front Yard 10’ 10’ Min. Side Yard 5’ 5’ Min. Rear Yard 25’ (abutting rural or residential) 25’ (abutting rural or residential) Min. Lot Area 6,000 sq. ft. 6,000 sq. ft. Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Uses Permitted All uses permitted in the IND-2 zoning district Uses permitted are limited to uses allowed in IND-1, Construction equipment, including sales, service, rental and storage, farms, public utility treatment and generating plants, training centers, truck terminals, warehousing, and accessory buildings and uses customarily incidental to the above uses. 4. It should be noted that since the applicant has not provided a Plan of Development (POD) with the proposed zone change. If the zone change is legislatively approved the applicant will then have to submit a POD for administrative review before any use may occur on the parcel or for any building permits to be issued. Case #Z2021123 Page 3 of 7 Zoning Exhibit 2021 Aerial Image Case #Z2021123 Page 4 of 7 Site Plan Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 / single family residence North: IND-2 / outdoor storage South: R1-6 / single family residential West: Rural-43/IND-2/Rural-43 SUP/Rural-43 / single family residential/Production of manufactured homes/production of manufactured homes/single family residence and large horse related facilities/single family residential East: Rural-43 / single family residential Utilities and Services: 6. Water: City of Phoenix Wastewater: Septic School Districts: Phoenix Union High School District Fire: Rural Metro Police: City of Phoenix Case #Z2021123 Page 5 of 7 Right-of-Way: 7. 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 Sunland Ave 0’ 0’ N/A Adopted Plan: 8. Laveen Area Plan (adopted April 13, 1992): The subject parcel is designated as open space in the area plan. Public Participation Summary: 9. The applicant provided an active public participation. In addition to a mailer sent to adjacent property owners the applicant went door to door and spoke with several of the residents whose homes boarder the south side of Sunland Ave. The applicant shared with staff brief descriptions of some phone calls/conversations that where had with area residents, which are included in the case attachments. The summaries submitted by the applicant give the appearance that area residents are generally indifferent to the zone change request. At the time of this report staff has not received any support or opposition, or any comment from secondary routing. The applicant has provided documentation from the City of Phoenix indicating that sewer/water is available to the site from the City of Phoenix. Outstanding Concerns from Reviewing Agencies: 10. N/A Staff Analysis: 11. The subject parcel is in the center of a cluster of parcels that all appear to be trending in the direction of some sort of industrial use. There are several factors that are contributing to this shift. There are several large mining and other aggregate material operations that are near the subject site. There is a large parcel with an active mining exemption that is located about 350’ to the east as well as about 660’ the north of the subject site. The same entity that owns that site, Calmat Company, also operates parcels about 1300’ to the west of the subject parcel as well. This is in addition to several other large mining and other aggregate material uses within proximity to the subject parcel. Another factor supporting the transition of this area to industrial is the fact that there is improved trucking access due to the relatively recent extension of the 202 highway. As a result, several of the parcels adjacent to the subject lot are already zoned IND-2 or have other entitlements in place that allow for industrial type uses. Some of the parcels to the east appear as though they may be used for some sort of quasi-industrial purpose, although as of now no industrial zoning exists. Results from the citizen participation plan seem to support the notion that area residents are cognizant that the land north of Sunland Ave. is generally used for industrial purposes and have no vocalized concerns to that effect. Case #Z2021123 Page 6 of 7 12. While this is the case, it is important to note that none of the adjacent entitled industrial uses are accessed via Sunland Ave which is a private, unpaved easement and may not be suitable to heavy truck traffic in its current state. None of the residences to the south face Sunland and are accessed by Pecan Rd. 13. Another point of concern is that the site is currently served via a septic system. The applicant has made steps to mitigate this concern. The first step was to include an IUPD overlay that limits many of the uses typically allowed within the IND-2 district. This has a secondary benefit of eliminating some of the potential uses that may be less compatible to the residents to the south. The applicant did reach out to the City of Phoenix Water Services Department. While there is a sewer easement adjacent to the subject parcel no current sewer line is in place to serve the site. It was noted, however, that the possibility to connect to City of Phoenix sewer in the future remains open. Recommendation: 14. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2021123 subject to the following conditions ‘a’ through ‘f’. a. The IUPD 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. b. 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. c. Subject to the following Planning Engineering conditions: 1. Without the submittal of a precise plan of development, no approval is implied 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. Case #Z2021123 Page 7 of 7 3. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 4. 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. 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. e. 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. f. 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: Joseph Mueller, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (12 pages) MCESD comments (x1page) DPR comments (1 page) Applicant Updates on Citizen Participation (3 pages) City of Phoenix Sewer Letter (1 page) MARICOPA COUNTY Date: 3/10/22 Legal Description: Pt. Sec. 27, T1N R2E Z2021123 Applicant: Peter Batschelet Phone: 602-579-0749 Aerial Date: 2021 Case Address: 4202 W Sunland Ave. Parcel: 105-69-500 Request: Zone Change with overlay from Rural 43 to IND-2 IUPD MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES – PHOENIX, ARIZONA 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 19, 2021 TO : Joseph Mueller, Planning & Development Dept. Planner FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: REZONE FROM R-43 TO IND-2. Z2021123 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 R-43 TO IND-2 at APN# 105-69-444 & 105-69-017V. Water and Sewer will be provided by COP 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 19, 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. 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: January 11, 2022 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joseph Mueller, 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: Z2021123 Zone Change (RU-43 to IND-2) for 4202 & 4150 W. Sunland Ave. Without a Plan of Development (E2 Memo) Job Site Address: 4150 W Sunland Ave, Phoenix, AZ 85041 APN(s): 105-69-017V, 105-69-444 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 2nd submittal of the Zone Change application routed for review on December 17, 2021 and has no objections subject to the following conditions: 1. Without the submittal of a precise plan of development, no development approval is implied 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. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 4. 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. 1 Joseph Mueller (PND) From: Peter Batschelet <pbatschelet@leearizona.com> Sent: Thursday, December 23, 2021 11:00 AM To: Joseph Mueller (PND) Subject: Return to Sender Mail - 4150 W Sunland Good morning, Joseph. The three addresses below came back undeliverable. I know the owner of 5417 S 43rd Avenue and will e-mail this to him. I don’t know why this came back though. The one at 4210 W Pecan burned down but I sent it anyway. I can’t explain 4138 W Pecan. In conjunction with the process and notifying you of items, I wanted to make sure you are to speed. Have a great Christmas. Regards, Peter Batschelet, SIOR Principal Lee & Associates | Arizona D 602.912.3522 C 602.579.0749 pbatschelet@leearizona.com ____________________________________ 3200 East Camelback Road | Suite 100 Phoenix, Arizona 85018 Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. From: Peter Batschelet <pbatschelet@leearizona.com> Sent: Thursday, December 23, 2021 10:56 AM To: Peter Batschelet <pbatschelet@leearizona.com> Subject: 2 Pete Pete Batschelet 602-579-0749 Sent from my iPhone 1 Joseph Mueller (PND) From: Peter Batschelet <pbatschelet@leearizona.com> Sent: Friday, December 17, 2021 10:43 PM To: Joseph Mueller (PND) Subject: FW: Voice Message Attached from 6022373328 - EDWARDS E Attachments: 6022373328_20211217_163300.wav Joseph, Good evening. In accordance with proper reporting methods, please listen to the voicemail which I received late afternoon. This is a gentleman that is requesting more millings for his personal use similar to the ones I already spread on Sunland Avenue. Have a good weekend. Regards, Peter Batschelet, SIOR Principal Lee & Associates | Arizona D 602.912.3522 C 602.579.0749 pbatschelet@leearizona.com ____________________________________ 3200 East Camelback Road | Suite 100 Phoenix, Arizona 85018 Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return e-mail, and delete the original message and all copies from your system. Thank you. -----Original Message----- From: voicemail@nextiva.com <voicemail@nextiva.com> Sent: Friday, December 17, 2021 4:33 PM To: PETE BATSCHELET <pebatschelet37941@voicemail.nextiva.com> Cc: Peter Batschelet <pbatschelet@leearizona.com> Subject: Voice Message Attached from 6022373328 - EDWARDS E Time: Dec 17, 2021 4:33:00 PM Click attachment to listen to Voice Message Planning and Development Department DATE: March 9, 2022 TO: Planning and Zoning Commission FROM: Joseph Mueller, Planner SUBJECT: Z2021123 – 4202 & 4150 W. Sunland Ave Agenda Item: # 3 Since the publishing of the staff report for the above case, staff received an e-mail of opposition to the case from an area resident. The e-mail has been attached to this handout. Attachment: 1 e-mail of opposition 1 Joseph Mueller (PND) From: Dale Whitney <dalepwhitney@gmail.com> Sent: Tuesday, March 8, 2022 9:06 AM To: Joseph Mueller (PND) Subject: Fwd: Case # Z2022123 Protest Request ---------- Forwarded message --------- From: Shannon Whitney <shannoncw73@gmail.com> Date: Mon, Mar 7, 2022, 9:41 PM Subject: Re: Case # Z2022123 Protest Request To: <dalepwhitney@gmail.com> Forward the email to Joseph.Mueller@maricopa.gov On Mon, Mar 7, 2022 at 9:40 PM Shannon Whitney <shannoncw73@gmail.com> wrote: I, Dale Whitney, oppose the request for Case #: Z2022123 - 4202 & 4150 Sunland Ave. Dale Whitney dalepwhitney@gmail.com