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March 9, 2022
Z2021037
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
March 9, 2022
Case #/Title:
Z2021037 – Marrs Corporate Offices
Supervisor District:
3
Applicant/Owner:
Dan Filuk, KDF Architectural Group, LLC / Tim Marrs, Marrs
Construction
Request:
Zone Change from Rural-43 to IND-2 IUPD with a Plan of
Development for a corporate office with outdoor storage of
construction equipment and vehicles
Site Location:
Generally located ½ mile southwest of the southwest corner
of 7th Ave. and Happy Valley Rd. in the Phoenix area
Site Size:
Approximately 5.11 acres
County Island Status:
Yes (City of Phoenix)
Additional
Comments:
The applicant is requesting a zone change with a precise plan
of
development
from
Rural-43
to
IND-2
IUPD
to
accommodate a new office building with outdoor storage of
construction equipment and vehicles. There are no
outstanding concerns from County reviewing agencies. There
is no known public opposition.
The site is within the Phoenix Municipal Planning Area and
designated as Commerce/Business Park under their General
Plan. This land use designation category denotes areas
where there are major employment centers such as
professional offices, research park, wholesale storage, and
manufacturing. The proposal appears to be consistent with
Phoenix’s General Plan, but the City has not commented.
Commission
Recommendation:
On 2/20/22, the Commission voted 7-0 to recommend
approval of Z2021037 subject to conditions ‘a’ – ‘h’:
a.
A Plan of Development is approved subject to site plan entitled “Marrs Corporate
Offices” consisting of three full-sized sheets, dated December 20, 2021, and
stamped received December 21, 2021. The Plan of Development may be
amended administratively under separate application as long as the amendment
complies with the established IND-2 IUPD development standards approved by
March 9, 2022
Z2021037
Page 2 of 3
the Board of Supervisors. Staff may determine slight refinements to remain in
substantial conformance with the approved site plan. Minor and major
amendments to the approved 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 “Marrs Construction – Corporate Offices”, consisting of six pages,
dated October 11, 2021, and stamped received October 12, 2021, except as
modified by the following conditions.
c.
The IUPD zoning on this site shall restrict uses to office and construction storage.
d.
The following Planning Engineering conditions shall apply:
1.
The off-site flows across 11th Avenue into the site must be maintained.
2.
At the time of application for building permits, retention basin side slopes
can be designed with 3:1 side slopes, except that a minimum 12-foot wide
section must be designed with 4:1 side slopes to provide a “safety ramp”.
This “ramp” must connect to the GSA with binder or other accessible area
of the site.
3.
No improvements shall be permitted within the unabandoned portions of
the Federal Patent Easements surrounding the site.
4.
Drainage review of planning/ zoning cases is for conceptual design only
and does not represent final design approval nor shall it entitle applicants
to future designs that are not in conformance with Section 1205 of the
Maricopa County Zoning Ordinance and Drainage Polices and Standards.
5.
All development and engineering design shall be in conformance with
Section 1205 0f the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
6.
The entire site and adjacent half-street’s runoff shall be retained onsite. If
portions of adjacent right-of-way are controlled by other jurisdictions, the
adjacent half-street’s runoff shall be retained, unless separately addressed
by the other jurisdictions.
7.
Sufficient retention volume shall be provided on-site to retain the required
100-year, two-hour runoff from all contributing areas. Retention basins with
stormwater depths exceeding one-foot shall provide one-foot of
freeboard.
8.
All retention basins shall drain within 36 hours per County requirements.
e.
The following IND-2 IUPD standards shall apply:
1.
The use of six-foot-high fences with screening materials shall be used for
screening.
March 9, 2022
Z2021037
Page 3 of 3
2.
The use of compacted asphalt millings with a petroleum binder shall be
used to minimize dust pollution emanating from driveways, parking areas,
and storage areas.
3.
Outdoor storage shall be allowed in both the required front and street side
yards of the property.
4.
There shall be no landscaping in both the required front and street side
yards of the property.
f.
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 services will be provided to the facility. Prior to issuance
of the certificate of occupation, local fire protection review and approval will be
required.
g.
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.
h.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to
comply with any condition, 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:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
2/10/22 P&Z Packet (27 pages)
Note:
2/10/22 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2021037
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021037 – Marrs Corporate Offices
Hearing Date:
February 10, 2022
Supervisor District:
3
Applicant:
Dan Filuk, KDF Architectural Group, LLC
Owner:
Tim Marrs, Marrs Construction
Request:
Zone Change from Rural-43 to IND-2 IUPD with a Plan of
Development for a corporate office with outdoor storage of
construction equipment and vehicles
Site Location:
Generally located ½ mile southwest of the southwest corner of 7th
Ave. and Happy Valley Rd. in the Phoenix area
Site Size:
Approx. 5.11 acres
Density:
N/A
County Island:
Yes (City of Phoenix)
County Plan:
Rural Development Area (0-1 du/ac)
Municipal Plan:
Phoenix General Plan – Commerce/Business Park
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2021037
Page 2 of 9
Project Summary:
1.
The applicant is requesting a zone change with a precise plan of development from
Rural-43 to IND-2 IUPD to accommodate a new office building with outdoor storage of
construction equipment and vehicles. The site is an area that is rapidly developing with
an industrial nature due to the site’s proximity of Deer Valley Municipal Airport 1½ miles
to the south. Moreover, the site is located two miles east of Black Canyon Frwy.
(Interstate-17) and ½ mile south of Happy Valley Rd. to the north.
2.
The new office building will be 5,282 ft² and will serve as the corporate headquarters for
Marrs Construction, Inc. The corporate office will accommodate ten to twelve staff
members full time and 57 remote staff, who will visit the site occasionally. The site will be
split into three separate areas with the following configuration:
a. Two fenced off areas in the north of the site for outdoor storage of construction
materials and retention basin.
b. Central area with the new office building, parking area with 22 spaces, water tank
for fire suppression, and a shade canopy for storage.
c. South area, which will be used for the storage of construction vehicles, retention
basin, and a second shade canopy for vehicle storage.
3.
Access to the site will be provided by a series of public and private access easements
along the 11th Ave. alignment. The site is encumbered by 33-feet wide Federal Patent
Easements along the site’s property lines. The applicant completed the process of
reducing and abandoning these Federal Patent Easement, which was approved by the
Board of Supervisors on November 3, 2021 (PAB-0169). The applicant, working with
MCDOT, has planned to reserve 25 feet of future right-of-way along the site’s eastern
boundary. Furthermore, the applicant, working with MCDOT and the City of Phoenix, has
planned to reserve 40-feet along the south property boundary (Mid-Section Line). In
these reserved right-of-way areas, there will no development.
4.
The applicant first met with staff on January 26, 2021 during the initial pre-application
meeting. During the meeting staff recommended a zone change to IND-2 or seek
annexation with the City of Phoenix, since the site is within their Municipal Planning Area
(PA2020217). The applicant submitted this request for a zone change with a precise plan
on April 14, 2021 and staff met with the applicant during the Technical Advisory
Committee Meeting to discuss the first review of the request on May 4, 2021.
5.
The applicant has requested an IUPD zoning overlay to vary several IND-2 development
standards, see table on the next page. The IUPD zoning overlay will allow the following:
a. Fences with view obscuring materials for screening;
b. Use of compacted asphalt millings with stabilizers for parking/storage surfaces;
c. Allow for outdoor storage in the required front and street side yards;
d. No required landscaping in the front or street side yards.
Z2021037
Page 3 of 9
According to the applicant, the reasons for these requests are since the site is not
adjacent to public streets and is an area of industrial development these requested
zoning variations are appropriate.
Z2021037
Page 4 of 9
Z2021037
Page 5 of 9
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural-43 / Undisturbed desert
North:
Rural-43 / Vacant
South:
State Trust Land (Phoenix) / Undisturbed desert
East:
Rural-43/ Outdoor storage
West:
CP & CGA (Phoenix)/ Undisturbed desert
Utilities and Services:
7.
Water:
Private well
Wastewater:
Private septic system
School District:
Deer Valley Unified School District
Fire:
Daisy Mountain Fire District
Police:
MCSO
Z2021037
Page 6 of 9
Right-of-Way:
8.
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
11th Ave.
25’
25’
Local Street
Alameda Dr.
33’
40’
Collector Street
Adopted Plans:
9.
Vision 2030 Comprehensive Plan (adopted January 13, 2016): The County’s Compressive
Plan designates the site as Rural Residential (0-1 du/ac). This land use designation is
appropriate for site’s with limited access to public services. Although, the proposal is for
an industrial use with a private well, having ten full time employees in the office, would
be similar to having a residence with a large family on the site. Thus, the use would not
have an adverse impact to the area.
10.
Phoenix General Plan: Phoenix’s General Plan designates the site as Commerce/Business
Park. This land use designation category denotes areas where major employment
centers and uses may take place, such as, professional offices, research/development,
wholesale storage, manufacturing, processing and process of goods. The proposal
appears to be consistent with the plan, but the City has not commented.
Public Participation Summary:
11.
The applicant completed the requirements for notifying all property owners within 300-
feet of the site and area stakeholders. During the required public participation process
staff, nor the applicant, received any concern, support or opposition for this request.
Outstanding Concerns from Reviewing Agencies:
12.
There are no outstanding concerns from reviewing agencies. The City of Phoenix was
notified, and staff have not received any comments regarding this proposed project.
Staff Analysis:
13.
Staff supports this request to change the zoning on this site to IND-2 IUPD and
development of this site for a corporate office with outdoor storage. Although the
surrounding zoning in the unincorporated properties are Rural-43, many of these parcels
have existing industrial uses (some with Special Use Permits for interim industry).
Furthermore, the adjacent parcels in the jurisdiction of Phoenix are zoned Commerce
Park (CP) that allows commercial/business parks, which can accommodate offices and
industrial uses. Additionally, the proposed use of the site would be in conformance with
Phoenix’s General Plan Commercial/Business Park, which lists offices with outdoor storage
in the land use’s description. Furthermore, the site’s proximity to Deer Valley Municipal
Airport makes industrial uses realistic on this site versus a residential uses. Since this
property is in an area of limited access to public services, such as water and wastewater
Z2021037
Page 7 of 9
sewer, this IUPD will request will be conditioned to limit the uses of the site to office and
construction storage only.
Recommendation:
14.
For the reasons outlined in this report, staff recommends the Commission adopt a motion
recommending that the Board of Supervisors approve Z2021037 subject to the following
conditions ‘a’ - ‘h’:
a.
A Plan of Development is approved subject to site plan entitled “Marrs Corporate
Offices” consisting of three full-sized sheets, dated December 20, 2021, and
stamped received December 21, 2021. The Plan of Development may be
amended administratively under separate application as long as the amendment
complies with the established IND-2 IUPD development standards approved by
the Board of Supervisors. Staff may determine slight refinements to remain in
substantial conformance with the approved site plan. Minor and major
amendments to the approved 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 “Marrs Construction – Corporate Offices”, consisting of six pages,
dated October 11, 2021, and stamped received October 12, 2021, except as
modified by the following conditions.
c.
The IUPD zoning on this site shall restrict uses to office and construction storage.
d.
The following Planning Engineering conditions shall apply:
1. The off-site flows across 11th Avenue into the site must be maintained.
2. At the time of application for building permits, retention basin side slopes
can be designed with 3:1 side slopes, except that a minimum 12-foot wide
section must be designed with 4:1 side slopes to provide a “safety ramp”.
This “ramp” must connect to the GSA with binder or other accessible area
of the site.
3. No improvements shall be permitted within the unabandoned portions
of the Federal Patent Easements surrounding the site.
4. Drainage review of planning/ zoning cases is for conceptual design only
and does not represent final design approval nor shall it entitle applicants
to future designs that are not in conformance with Section 1205 of the
Maricopa County Zoning Ordinance and Drainage Polices and Standards.
5. All development and engineering design shall be in conformance with
Section 1205 0f the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
6. The entire site and adjacent half-street’s runoff shall be retained onsite.
Z2021037
Page 8 of 9
If portions of adjacent right-of-way are controlled by other jurisdictions,
the adjacent half-street’s runoff shall be retained, unless separately
addressed by the other jurisdictions.
7. Sufficient retention volume shall be provided on-site to retain the required
100-year, two-hour runoff from all contributing areas. Retention basins
with stormwater depths exceeding one-foot shall provide one-foot of
freeboard.
8. All retention basins shall drain within 36 hours per County requirements.
e.
The following IND-2 IUPD standards shall apply:
1.
The use of six-foot-high fences with screening materials shall be used for
screening.
2.
The use of compacted asphalt millings with a petroleum binder shall be
used to minimize dust pollution emanating from driveways, parking areas,
and storage areas.
3.
Outdoor storage shall be allowed in both the required front and street side
yards of the property.
4.
There shall be no landscaping in both the required front and street side
yards of the property.
f.
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 services will be provided to the facility. Prior to issuance
of the certificate of occupation, local fire protection review and approval will be
required.
g.
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.
h.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the landowner. The granting of this approval allows
the property to enjoy uses in excess of those permitted by the zoning existing on
the date of application, subject to conditions. In the event of the failure to
comply with any condition, 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.
Z2021037
Page 9 of 9
Presented by:
Martin Martell, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 3 pages)
Narrative Report (6 pages)
MCESD comments (1 page)
DPR comments (2 pages)
PAB-0169 Patent Easement Abandonment (5 pages)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
3
G
ross Acres: 5.11 approx.
G
enerated January 20, 2022 12:28 PM
Z2021037
Application Nam
e:
Legal Description
M
arrs Corporate O
ffices EDR
Applicant
Case Address
, TT4N RR3E 07
Dan Filuk for KDF Architectural group, llc
Applicant Phone/Em
ail
Parcel Prim
ary:
602.234.1868
DanF@
KDF-architects.com
M
ap scale 1:1,647
Supervisor District No.
210-08-011
ZO
NE CHANG
E FRO
M
RURAL-43 TO
IND-2 IUPD FO
R A 10,073 SF O
FFICE BUILDING
FO
R
CO
NSTRUCTIO
N CO
M
PANY W
ITH EQ
UIPM
ENT & TRUCK PARKING
. ALL W
ITH A PRECISE PLAN O
F
5.3585 in
10/11/2021
Daniel D. Filuk RA, AIA
NCARB
LEED Green Associate
Licensed in the following states:
Arizona
Colorado
Florida
Missouri
Montana
Nevada
New Mexico
Oklahoma
Oregon
Texas
Utah
Washington
Wyoming
300 West Clarendon Avenue
Suite 320
Phoenix, Arizona 85013
O 602.234.1868
www.kdf-architects.com
10-11-21
Zone Change with Overlay Narrative Report
Project:
Marrs Construction - Corporate Offices
Case #: Z2021037
Location:
Generally located ½ mile SW of the SWC of 7th Ave. &
Happy Valley Rd. in the Phoenix area
Marrs Construction -
Zone Change with
Overlay
October 12, 2021
Page 2
Purpose of Request
The purpose of this request is to apply the Maricopa County Rezone with Overlay process to
change an existing RU-43 (Rural Zoning District-One Acre per Dwelling Unit) 5.1-acre property to IND-
2 IUPD (Light Industrial with overlay). This Rezoning would be more in keeping with the Owner’s
intended use of the property, that of a light industrial use.
Per Article 902.2 of the Maricopa County Zoning Ordinance (MCZO) the use would most closely
resemble item:
The proposed use of the property as an office building with storage of construction equipment and
vehicles are allowed uses in the IND-2 zoning district, as per Articles 901.2.11 and 902.2.7 of the
Zoning Ordinance.
The Overlay qualifier is needed to address several varied development standards. Varied
development standards including:
1.
Article 902.9-3.
b. A solid masonry wall not less than six feet in height shall be required along and adjacent to any side
or rear property line abutting any rural or residential zone boundary, or any alley abutting such zone
boundary. Further, any access gates shall be constructed of view-obscuring material to provide
effective site screening.
We request that the pre-finished 6 ft high opaque fencing shown on the site plan be acceptable in lieu
of the masonry wall along the north and east sides of the property. The industrial type uses to the
north and east, although RU-43 zoned, don’t warrant the type of screening called for in the ordinance.
2.
Parking Surface Material: (as cited by county staff)
All uses other than a single-family residence required paved parking. Asphalt millings alone is not
considered paving because it is not cohesive to withstand erosion. If water were to flow across millings,
they would be displaced and maintenance would be required to restore its uniformity, where with
paving, no maintenance would be required.
We request that compacted GSA material (asphalt millings) with a petroleum-based stabilizer be
accepted as an alternate paving material in locations as depicted on site plan paving legend. It has a
proven record in many applications to stabilize and solidify any soil or aggregate as well as provide
erosion control and dust suppression. We request this alternate paving noting that sufficient
conventional asphalt paving addressing all traffic and yard areas is cost prohibitive as a first cost item
and is an expensive ongoing maintenance item. Also, the heavier equipment loading over long
durations will lead to premature failure of asphalt paving; it is more cost effective to reinstall
compacted GSA material and apply stabilizer where needed.
3.
No storage allowed in Front or street side required yards
The storage is proposed will be behind walls. The existing patent easements that remain along future
roads already provide a buffer around the property, along with the surrounding uses which are
primarily industrial in nature.
Marrs Construction -
Zone Change with
Overlay
October 12, 2021
Page 3
4.
Landscaping required in front and street yards
REGULATION
IND-2 BASE ZONING
DISTRICT
REGULATIONS
IND-2 IUPD PROPOSED
ZONING DISTRICTICT
REGULATIONS
Maximum Height
40’
40’
Minimum Front yard
25’*
25’*
Minimum Side Yard
None**
None**
Minimum Street – side
Yard
10’
10’
Minimum Rear Yard
None***
None***
Maximum Lot Area
6,000 SF
6,000 SF
Minimum Lot Width
60’
60’
Maximum Lot Coverage
60%
60%
Required Parking
1 Space per 250 SF of floor
area
1 Space per 250 SF of floor area
Required screening
6’ Solid wall**
6’ Fencing with view obscuring
material
Parking Surface Materials
Asphalt or concrete
Compacted asphalt millings
with petroleum -
based stabilizer
Outdoor Storage
Not allowed in required
front and street side
yards
Allowed in required front and
street side yards
Required Landscaping
Required front and street
side yard must be
landscaped
None
* For corner lots adjacent to rural/ residential zoning district and 10’ abutting local streets
* * 5’ Adjacent to rural/ residential zoning district
areas of outdoor storage shall be screened by building walls, solid wall, or fencing with
view-obscuring materials In our proposal the landscaping is not visible to the public as well
as the surrounding uses are industrial in nature.
* * * 25’ Adjacent to rural/ residential zoning district
**** Perimeter of any portion of the site adjacent to commercial/ industrial zoning district with
Description of Proposal
The project entails a new 5,282 sf corporate office building for Marrs Construction Inc. as
well as site improvements needed for commercial vehicle parking and short term storage.
The company purpose is described on their home web page: “Marrs Construction Inc., a
Phoenix construction company, provides grading, excavation, and civil services for both residential
and commercial projects all over Arizona. We are one of the few companies that provide
grading, excavation, as well as site preparation in Phoenix”.
The Corporate office is intended for 10-12 staff occupancy with a remote staff of 57 who will visit
the offices from time to time. Anticipated public interaction with the facilities – 10% clients, 90%
remote
Marrs Construction -
Zone Change with
Overlay
October 12, 2021
Page 4
staff. Semi-trucks from project work will occasionally be parked on site along with heavy construction
equipment.
Standard commercial business hours of operation are anticipated, 5-6 days/week. Traffic on the 11th
avenue alignment would include trips from office staff, remote staff & 4 trips per day by semi-trailers.
Miscellaneous additional traffic would be anticipated to be no more than 10 trips per day.
Site screening is provided in the form of 6 ft high white metal paneling at the property perimeter and
the same screening at internal boundaries. Fencing details are shown on the Site Plan detail sheet
included. Retention basins are proposed & sized to meet the required retention volume for the 100
year, 2-hour storm event.
Relationship to Surrounding Properties
This parcel currently lies in a neighborhood of light industrial uses and vacant undeveloped
parcels with a variety of zoning designations. To the immediate north are 2 vacant parcels, beyond
that is a truck storage facility. To the northeast appears to be a materials storage yard; to the east is
a vehicle storage lot. All of the above are currently in the county’s jurisdiction with a zoning of
RU-43, some with SUPs.
To the south is vacant state trust land. To the west is vacant land under the City of Phoenix
jurisdiction, zoned CP/GCP.
The intended use of this property is compatible with the majority of the surrounding uses; its
design will be an example of county compliance for the use type and rezoned classification. It’s
generation of minimal additional traffic on the 11th avenue alignment to the north will have an
insignificant impact in the neighborhood. The storage and office use will not generate an unusual
amount of noise disturbance nor obnoxious odors, in comparison to the adjacent uses, nor will it
adversely affect the public health, safety and general welfare.
Location and Accessibility
Parcel 210-08-011 is located along the North 11th Avenue alignment approximately at
the alignment of a future West Alameda Road. The closest major road is West Happy Valley Road to
the north, designated a major arterial. As the county pre-application minutes state,
“The site is accessed through a series of public and private easements that comprise 11th Avenue
and Park View Lane. 11th Avenue and Park View Lane have not been accepted by the County;
and are therefore not maintained by the County.”
This location is approximately 2 miles east of the I-17 Highway & Happy Valley Road interchange
and 5.5 miles north of the I-17 & Arizona State Route 101, strategically convenient for conducting
business in the county and the state.
Circulation System
As described above the off-site circulation is exclusively to the north and then east or west;
the 11th Avenue alignment terminates at this parcel, there is no further access to the south. The
common access from the property gate northward to the property line will be surfaced with
compacted GSA material with petroleum-based stabilizer which meets the County intent for
paving. This same GSA material with stabilizer is used throughout the yard maintaining an erosion
proof, uniform, cohesive surface in equipment parking areas and circulation paths.
Access to the property is from the northeast corner proceeding southerly along a drive roughly 1/3
the depth of the property past (2) secondary gates that open to (2) equisized fenced areas to the
west
Marrs Construction -
Zone Change with
Overlay
October 12, 2021
Page 5
designated for vehicle storage and future uses. These areas are also finished with compacted GSA
material with petroleum-based stabilizer material. One then arrives at a secured gate which opens to
the remaining southerly property. Immediately west is a parking lot for staff and visitors. This is
defined with conventional asphalt paving surrounded by concrete curbing which then leads to the
main building entry on the north side of the building. While this parking lot is primarily for smaller
vehicles it is designed to allow for larger vehicle access to the west side of the property with a control
gate that is properly sized for emergency vehicle ingress/egress. Travelling further down the east
edge, the route used primarily by larger vehicles, the 2-way drive aisle opens into the full width of the
property. Additional staff parking with asphalt paving is located immediately south of the building;
south of this use is an area large enough to allow both Marrs large equipment and emergency vehicles
to complete a return loop to the drive aisle.
A proposed linear shade structure runs along the westerly side of this open area, approximately 30%
of the length of the west property line. Further north, opposite the emergency gate at the west end
of the earlier mentioned parking lot, will be a Conex box storage unit for operations purposes.
Development Schedule
Site work is anticipated to start at as soon as rezoning & permitting are completed.
Community Facilities and Services
The area northwest of the I-17 and State Route 101 is served by the Deer Valley Unified School
district, the school campuses being west of the I-17 and north of the 101. The Northeast campus for
West-MEC (Western Maricopa Education Center) is approximately a mile to the southwest.
A regional, small craft, public airport lies due south of this property: Phoenix Deer Valley Airport. A
vibrant commercial district exists immediately east of the I-17 and Happy Valley Road interchange,
comprised of the Happy Valley Towne Center and the Shops at Norterra. To the south, at the I-17 and
101 interchange is Deer Valley Medical Center. Public parks in this north portion of the City of Phoenix
include the Phoenix Sonoran Preserve some 2 miles to the north and Cave Buttes Recreation Area
approximately 1.5 miles to the east.
Public Utilities and Services
The Utility Providers in this area are:
Electric: APS – pole mounted transformer, 400A, 2-phase, available (4) properties to the north
along the 11th avenue alignment.
Water and Sewer: no public water or sewer within 1500 ft of the property.
Gas: though Southwest Gas is approximately ½ mile to the north this neighborhood is not
currently provided with gas services.
Fire Protection: this parcel is not within City of Phoenix jurisdiction nor is it served by Daisy
Mountain Fire District. Services however would be provided by nearest Phoenix fire station, most
likely station 36 to the south.
Police Protection: though this parcel is not within City of Phoenix jurisdiction. Services would be
provided by nearest Phoenix police station, Black Mountain precinct or MCSO.
Refuse: property would be served by private vendor.
Note that due to remoteness of site to public utilities the owner is installing a private water well and
septic system on the premises. In addition, after review with the state fire marshal, a tank sized to
Marrs Construction -
Zone Change with
Overlay
October 12, 2021
Page 6
hold sufficient water capacity for fire protection of the property improvements will be constructed
and equipped with requisite pump(s). A separate water tank is proposed for domestic needs. Gas
equipment is not anticipated for business needs. Electric power will be arranged with APS from the
location noted above.
Sincerely,
KDF Architectural Group, L.L.C.
Daniel D. Filuk
Project Architect
dan@kdf-architects.com
Attachments:
Water and Waste Management
Division
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
DATE:
April 15, 2021
TO :
Martin Martell, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Marrs Corporate Offices Rezone. Z2021037
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project is a request for rezoning
request of the 5.11-acre property from RU-43 to IND-2 or IND-3 zoning at APN #
210-08-011. According to the submitted documentation, water and sewer will be
provided by privet well and septic system, NOID is 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 April 15, 2021.
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.
Kevin Bischel, P.E.
Planning & Development
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
Phone: (602) 372-0966
Fax: (602) 506-8762
www.maricopa.gov/planning
email address:
Kevin.Bischel@maricopa.gov
Maricopa County
Planning & Development Department
Date:
January 10th, 2022
Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Development
Attn:
Martin Martell, Planner, Planning & Development Services
Via:
Bob Fedorka, P.E., Drainage Engineering Supervisor, Development
Services
From:
Kevin Bischel, P.E., Drainage Engineer, Development Services
Subject:
Z2021037 – Marrs Corporate Offices
APN:
210-08-011
I have reviewed the plans and report submittal routed 12/28/2021 for this Planning &
Zoning case. Drainage engineering has no further objections with the following
stipulations:
•
Offsite flows across 11th Avenue into the site must be maintained.
•
At the time of application for building permits, retention basins must be
designed with 4:1 side slopes.
•
No improvements shall be permitted within the unabandoned portions of the
Patent Easements surrounding the site.
•
Drainage review of planning and/or zoning cases is for conceptual design only
and does not represent final design approval nor shall it entitle applicants to
future designs that are not in conformance with Section 1205 of the Maricopa
County Zoning Ordinance and the Maricopa County Drainage Policies and
Standards.
•
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance and current engineering
policies, standards and best practices at the time of application for
construction.
•
The entire site and adjacent half-streets’ runoff shall be retained onsite. If
portions of adjacent right-of-way are controlled by other jurisdictions, the
adjacent half-streets’ runoff shall be retained unless separately addressed by
the other jurisdictions.
•
Sufficient retention volume shall be provided onsite to retain the required 100-
year, 2-hour runoff from all contributing areas. Retention basins with
stormwater depths exceeding one foot shall provide one foot of freeboard.
•
All retention basins shall drain within 36 hours per County requirements.
DRAINAGE PLAN REVIEW REFERENCES:
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369
Engineering Plan Submittal Checklist for Commercial & Subdivision:
https://www.maricopa.gov/DocumentCenter/View/3972/Combined-Engineered-Plan-Submittal-
Checklist-for-Commercial-PDF
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
REFERENCES:
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District
PND TRANSPORTATION REFERENCES
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364
For Additional Information See:
https://www.maricopa.gov/156/MCDOT
Abbreviations Key:
Drainage:
DD =
Department Directive (See: http://www.maricopa.gov/1911/Department-Directives)
MCZO =
Maricopa County Zoning Ordinance
DPS =
Maricopa County Drainage Policies and Standards
SSA =
State Standard Attachment
DDMV1=
Maricopa County Drainage Design Manual – Hydrology
DDMV2 = Maricopa County Drainage Design Manual – Hydraulics
Flood Control:
FRMC =
Floodplain Regulations for Maricopa County
PND Transportation:
RDM =
MCDOT Roadway Design Manual
RDG =
MCDOT Residential Design Guidelines
MSRP =
MCDOT Major Streets and Routes Plan
CAPTION HEADING:
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
STEPHEN RICHER
20211201340
11/09/2021
11:11
ELECTRONIC RECORDING
COB1671-5-1-1--
Yorkm
Patent Easement Abandonment
(Road File PAB-0169)
(C-64-22-312-X-01)
DO NOT REMOVE
This is part of the official document
20211201340
DocuSign Envelope ID: 1 E77B7 A2-28B7-4799-9DD6-D6E0951 EF66E
RESOLUTION
PATENT EASEMENT ABANDONMENT PAB-0169
C-64-22-312-X-01
A RESOLUTION OF THE BOARD OF SUPERVISORS OF MARICOPA COUNTY,
ARIZONA, DECLARING A PORTION OF A FEDERAL PATENT EASEMENT TO BE
UNNECESSARY FOR PUBLIC PURI)OSES AND ABANDONING THAT EASEMENT.
WHEREAS, pursuant to the Small Tract Act of 1938, a 33 foot wide patent easement located in
the general vicinity of 11111 A venue and Park View Lane was reserved for roadway and public
utilities purposes in Patent Number 1148890; and
WHEREAS, a proposal requesting the abandonment of a portion of a patent easement has been
submitted to Maricopa County; and
WHEREAS, pursuant to A.R.S § 11-251.16(A), Maricopa County has notified all affected
utilities; and
WHEREAS, Maricopa County has not received objection to the proposal from any utility; and
WHEREAS, pursuant to A.R.S §11-251.16(B), Maricopa County has given written notice to all
property owners of the land abutting the easement or portion thereof to be abandoned; and
WHEREAS, pursuant to A.R.S § 11-25 l. l 6(B), Maricopa County has posted a copy of the notice
at or in the immediate vicinity of the proposed abandomnent; and
WHEREAS, Maricopa County has not received objection to the proposal from a majority of
landowners or from Arizona State Land, Bureau of Land Management, Municipality or Tribal
Reservation who owns land abutting the proposed abandonment; and
WHEREAS, it has been determined by Maricopa County that the portion of the patent easement
proposed for abandonment is not being used by the public and is no longer necessaiy and
recommends that it would be in the best interest of the public that the proposed abandonment be
approved; and
WI-iEREAS, a legal description of the portion of the patent easement to be abandoned, identified
as Exhibit "A", is attached; and
WHEREAS, Maricopa County is authorized to abandon patent easements as described in Exhibit
"A", pursuant to A.R.S. § 1 l-25 l .16(A)
DocuSign Envelope ID: 1 E77B7 A2-28B7-4799-9DD6-D6E0951 EF66E
RESOLUTION
ROAD FILE PAB-0169
C-64-22-312-X-01
Page 2
20211201340
BE IT THEREFORE RESOLVED by the Board of Supervisors of Maricopa County, Arizona,
that the portion of the patent easement as described in Exhibit 1
1A11 is not being used by the public
and no longer necessary.
BE IT FURTHER RESOLVED the portion of the patent easement as described in Exhibit "A" is
hereby extinguished.
BE IT FURTHER RESOLVED that this resolution does not abandon a roadway that was granted
under revised statute 2477 (43 United States Code section 932) that was enacted by the United
States Congress in 1986.
BE IT FURTHER RESOLVED that pursuant to statute ARS §28-7210 existing easements are
not abandoned as related to 1) sewer, gas, water or similar pipelines and appurtenances, 2)
canals, laterals or ditches and appurtenances, and 3) electric, telephone and similar lines and
appurtenances.
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, this
' U)2\
Ch man of the Board of Supervisors
Maricopa County
APPROVED AS TO FORM and within the powers
ATTEST:
/
Juanita Garza -
Clerk of the Board
and authority granted under the laws of the State of Arizona
and Maricopa County
[vDocuSlgned by:
(}Jl.,U. Put.
B2E8BEl19ElBS24El1 ...
Legal Counsel
10/28/2021
NOV O 3 2021
20211201340
DocuSign Envelope ID: 1 E77B7 A2-28B7-4799-9DD6-D6E0951 EF66E
Assessor Parcel No. 210-08-011
LEGAL DESCRIPTION
PAB-0169
EXHIBIT"A"
That portion of the easement described in Patent 1148890, lying in the E2 SE4 SW4
NW4 of Section 7 - T4N, R3E, of the Gila and Salt River Meridian, Maricopa County,
Arizona being described as follows:
The N33 feet, Except the E25 feet thereof, and
The W33 feet Except the N33 feet and the S33 feet thereof, and
The W8 feet of the E33 feet Except the N33 feet and the S33 feet thereof.
All in the E2 SE4 SW4 NW4 of said Section 7.
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