08.Z250041 PZ Staff Report
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Z250041 Page 1 of 13 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z250041 – M&H Equipment Storage Hearing Date: May 7, 2026 Supervisor District: 5 Applicant: Manuel Holguin, M&H Pools and Spas LLC Owners: Bertha Ortiz Chavarria and Manuel Holguin Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located 627‘ east of 43rd Ave. between Roeser Rd. and Hidalgo Ave. in the Laveen area Site Size: 26,136 sq. ft. Density: N/A County Island: Yes (City of Phoenix) County Plan: Rural Development Area (RDA) Municipal Plan: City of Phoenix – Traditional Lot 2 to 3.5 d.u./acre Municipal Comments: None received to date Support/Opposition: Two support, no known opposition Recommendation: Approve with conditions Z250041 Page 2 of 13 Project Summary: 1. The applicant is requesting a zone change from Rural-43 to IND-2 IUPD with a plan of development to allow for a construction equipment storage yard associated with a pool construction company, M&H Landscaping. The company employs up to 10 people and proposes operating Monday-Friday 6:00 AM to 7:00 PM with occasional Saturdays, depending on workload. No active construction will take place on site except for routine maintenance and repairs of equipment, vehicles, and materials. This site will function primarily for the storage of equipment, vehicles, and materials, and as a meeting place for employees who dispatch to their respective worksites. 2. Site improvements for the proposed industrial storage yard will take place in two phases. The first phase will take place within six months and consists of construction of a 6’ high CMU wall along the west end of the property adjacent to a residentially zoned parcel, and installation of 9’ - 2’’ high LED lighting along the subject site’s perimeter, as well as parking. The second phase will consist of demolition of the subject site’s existing residential structure, which is dilapidated and would require significant repair to change the occupancy to a commercial use, and construction of a 1,750 sq. ft. storage structure. This will take place within a 2-year period. The subject site receives water service from the City of Phoenix, fire protection from the Laveen Fire District, and wastewater from their private septic system. Proof of service has been provided by the applicant from the Laveen Fire District. 3. On November 19, 2025, a complaint was received against the property for storage of commercial vehicles and operating a business from a residentially zoned parcel. On January 2, 2026, the applicant entered into a compliance agreement to resolve the violation. The IND-2 IUPD zoning is a step in achieving compliance. Subsequently the property owner must complete all necessary construction permitting. 4. The following table (next page) contrasts development standards of the proposed IND-2 IUPD with the base zoning district. Z250041 Page 3 of 13 REGULATION BASE ZONING DISTRICT REGULATIONS (IND-2) PROPOSED ZONING DISTRICT REGULATIONS (IND-2 IUPD) Maximum Height 60' 60’ Minimum Front Setback 20' 20’ Minimum Side Setback 0’ 0’ Minimum Street-side Setback 10' 10’ Minimum Rear Setback 25' 25’ Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 60' 60’ Maximum Lot Coverage 60% 60% Minimum Parking Spaces See parking regulations See parking regulations Minimum Screening 6' solid wall 6’ solid wall Landscaping/Buffering All street frontage of the lot shall be landscaped with drought-tolerant plants including trees, shrubs or natural vegetation. None Required Landscaping/Buffering The required side yards shall be landscaped with drought-tolerant plants including trees, shrubs or natural vegetation. 4% of the gross parking area shall be landscaped with trees, shrubs, or natural vegetation. Any part of the lot not used for buildings, other structures, parking and vehicular and pedestrian access shall be landscaped with grass, trees, shrubs, xeriscaping or natural vegetation. All landscaped areas shall be provided with water bibs or an automatic sprinkler system. None Required Z250041 Page 4 of 13 Aerial photo of subject site Z250041 Page 5 of 13 Aerial image & surrounding environs Eagle view of subject site looking north into subject parcel (aerial image dated 01/13/2024). Z250041 Page 6 of 13 Z250041 Page 7 of 13 Z250041 Page 8 of 13 Site Plan Elevation Z250041 Page 9 of 13 Sign and Lighting Elevation 5. It should be noted that since the applicant is proposing a site plan (required plan of development, POD) and although the zone change is a legislative approval, the POD is administratively approved. Therefore, POD approval is contingent upon the rezoning approval. Existing On-Site and Adjacent Zoning / Land Use: 6. On-site: Rural-43/ Single family-residential North: Rural-43 then IND-2 / Stored materials then industrial business South: R1-6 / Sunland Ave then Single family-residential East: IND-2 / Single family-residential West: Rural-43 / Single family-residential Zoning District Map Utilities and Services: 7. Water: City of Phoenix Wastewater: Septic Z250041 Page 10 of 13 School District: Laveen Elementary School District, Phoenix Union High School District Fire: City of Phoenix Police: Maricopa County Sheriff's Office 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 W. Sunland Ave 10’ 10’ N/A Adopted Plans: 9. Maricopa County – Vision 2030 (January 13, 2016): The default land use designation for the subject site is Rural Development Area (RDA). However, staff notes development in the area has been transitioning to industrial land uses directly to the north, east and west. City of Phoenix – PlanPHX – 2025 General Plan (April 17, 2024): The subject site is designated as “Traditional Lot – 2 – 3.5 dwelling units per acre” and is intended for suburban development such as single family residential, open space, schools, and churches. Public Participation Summary: 10. The applicant complied with all minimum posting requirements and has thus far received no opposition. Two statements of support were received, one of which is associated with a property within the 300’ property owner’s buffer. Outstanding Concerns from Reviewing Agencies: 11. N/A Staff Analysis: 12. Staff supports this zone change as the area has experienced a gradual shift from rural/residential to a more urbanized and industrial character. Moreover, the IUPD overlay will limit the entitled uses to those that can be accommodated via onsite septic systems, such as the proposed storage yard. Furthermore, the liberalized landscaping requirements are reasonable given the mid-block location within a heavy industrial area. The construction of 6’ high CMU wall would fully screen the property from the residentially zoned parcel located to the west, and all other adjacent parcels. Although there is a residential subdivision comprised of manufactured homes directly adjacent to the south along Sunland Ave, the impact is mitigated by two factors. First, while Sunland Ave. functions as the subject site’s lot frontage, it is effectively the rear yard for the residential subdivision located directly south. This residential subdivision enjoys primary access along a separate right-of-way that is inaccessible to the subject site and not impacted by the traffic along Sunland Ave. Second, many of the parcels directly south of the subject site are screened with CMU wall, including the two parcels directly opposite the subject site. 13. The subject site enjoys municipal services such as water and fire protection from the City of Phoenix. For wastewater, a septic system will continue to serve the site. This is adequate for the Z250041 Page 11 of 13 scale and scope of the proposed operations and can be upgraded as necessary with future industrial redevelopment. Road infrastructure is minimally impacted due to the low traffic volume that would be generated by the operations. The Maricopa County Department of Transportation approved a traffic waiver and will not require dedication or improvements. 14. The area has experienced unregulated land division which often results in less than optimal access design and site development. This makes the development of more moderate to higher- density residential difficult and unlikely. The requested IND-2 IUPD zoning will entitle land uses consistent with the growing industrial character of the area. Recommendation: 15. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z250041 subject to the following conditions ‘a’ – ‘i’: a. A Plan of Development is approved subject to site plan entitled “M&H Equipment Storage” consisting of 3 pages, stamped received April 20, 2026. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established IUPD development standards as approved by the Board of Supervisors. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “M&H Equipment Storage”, consisting of 5 pages, stramped received April 20, 2026. except as modified by the following conditions. c. The following IUPD standards shall apply: 1. Landscaping: No landscaping required along the street frontage of Sunland Ave. No landscaping required within the side yards or within the area of lot not utilized for buildings, structures or parking. 2. Entitled Uses: Storage yard and other industrial uses that can be accommodated via onsite septic systems acceptable to the Maricopa County Environmental Services Department, until such time as sewer is available to the site. d. 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. e. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. f. The following Engineering conditions will apply: a. Sunland Avenue is comprised of a series of private easements(s) that have not been accepted by the County; and is therefore not maintained by the County. It is Z250041 Page 12 of 13 the owner/applicant’s responsibilities to determine access rights to Sunland Avenue. b. The subject premises is located within the County’s Urbanized Area, but does not appear to disturb more than one (1) acre. Therefore, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will not be required prior to issuance of any building permits required for site development. See: https://www.maricopa.gov/DocumentCenter/View/6577 c. Engineering review of planning and/or zoning cases is for conceptual design only. 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. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure e. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits g. The following Maricopa County Environmental Services Department condition will apply: a. A Minor Plan Review application must be submitted for any existing septic system(s) if being utilized and if the applicant believes the existing system(s) are adequate in size to support the new use; otherwise, a new septic permit/install may be required. h. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. i. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property may be considered for revocation 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: Isaac Perez, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Site Plan (3 pages) Z250041 Page 13 of 13 Narrative Report (5 pages) MCESD comments (1 page) DPR comments (1 page) Traffic Study Waiver (1 page) Letters of Support (2 pages) City of Phoenix Proof of Fire Service (1 page) M&H Equipment Storage Received 04/20/2026 M&H Equipment Storage Narrave Report Zone Change – Rural-43 to IND-2 CASE #: Z250041 General Locaon: S. 43rd Ave and W Sunland Ave Received 04/20/2026 Purpose of Request- This applicaon requests a rezoning of the property located at 4206 W Sunland Avenue from Rural-43 to IND-2. The purpose of this request is to obtain the proper zoning entlement necessary to legally operate our construcon equipment storage yard and bring the property into full compliance with City regulaons. Descripon of Proposal- Our business specializes in pool excavaon services for several major pool companies throughout the Valley. The proposed IND-2 zoning designaon will allow the connued use of the site for storage and dispatch of construcon equipment, including dump trucks, trailers, skid steers, and excavators. Materials stored on site are minimal and limited to items such as rebar, wood forms, and smaller working tools, which are stored within a designated shipping container. Our hours of operaon are Monday through Saturday, from 6:00 AM to 7:00 PM. Please note that some Saturdays may be non-operaonal depending on workload. We operate with three working crews, totaling 10 employees, including our mechanic. The site funcons primarily as a yard for employee dispatch. Employees arrive in the morning, load the appropriate machinery and equipment needed for scheduled jobs, and depart for o- site project locaons. At the end of the workday, equipment is returned to the yard and secured. No acve construcon operaons are conducted on-site. The only on-site equipment acvity consists of roune maintenance and repairs performed by our mechanic to ensure safe and operaonal machinery. There is currently an open violaon on the property due to the use of the residenally zoned property for commercial purposes. In accordance with our compliance agreement, we are seeking full approval of the appropriate zoning entlement to allow the connued and lawful operaon of our business. Approval of the requested rezoning from Rural-43 to IND-2 will resolve the exisng violaon by aligning the property's zoning classicaon with its current and intended industrial use. We believe this request is consistent with the surrounding area, as several nearby properes are already operang commercial and industrial businesses. The proposed rezoning will formalize the exisng use, ensure regulatory compliance, and support the orderly development paern of the area as it transions toward industrial zoning. No acve construcon work is performed on-site. Upon returning to the yard, crews’ only responsibilies are to park and secure trucks and equipment, ensure materials are stored properly, and lock the yard before leaving. The site is not used for material processing, fabricaon, or ongoing operaonal acvity beyond equipment storage and roune maintenance. Expected noise levels associated with the proposed use are minimal and typical of standard industrial vehicle operaons. Noise will primarily consist of roune dump truck start-up and the sound of equipment being loaded onto trailers prior to dispatch. These acvies occur only during morning departure and evening return and are limited to the me necessary for crews to mobilize and secure equipment. No construcon work, material processing, or heavy operaonal acvity is performed on-site. As such, there are no connuous or excessive noise-generang acvies associated with the property. No unusual emissions or fumes are ancipated. Emissions will be limited to standard vehicle exhaust from trucks and equipment. All vehicles and machinery are rounely maintained by our on-site mechanic to ensure proper operaon and compliance with applicable standards. Addionally, required emissions tesng is completed in accordance with state registraon requirements to ensure ongoing compliance. Relaonship to Surrounding Properes- The subject property is located within an area that is largely zoned IND-2 and characterized by industrial and commercial uses. As illustrated in the vicinity map, the properes immediately to the north and east are zoned IND-2. Rezoning our property from Rural-43 to IND-2 will create consistency with the surrounding zoning paern and align the site with the established and emerging character of the area. The proposed use as a construcon equipment storage and dispatch yard is compable with the surrounding industrial properes and will not introduce a new or incompable land use into the neighborhood. Rather, it will formalize a use that is consistent with nearby operaons. We have received support from the two adjacent property owners to the north—MS IV Holdings, LLC and Lee & Associates Commercial Real Estate Services—who recognize that the proposed rezoning is compable with the exisng industrial development paern. Currently, block wall screening exists along the northern and eastern boundaries of the site, providing separaon from adjacent businesses. As shown on the proposed site plan, Phase 1 improvements will connue this paern by installing a CMU block wall along the western property boundary, consistent with neighboring properes. At this me, no addional landscaping or buering is proposed beyond the block wall illustrated in the submied site plan. The proposed block wall is intended to provide adequate screening and separaon between the subject property and any neighboring residenal property. Given the limited space available on-site, addional buering opons are constrained. However, we are open to considering reasonable recommendaons from stathat would enhance compability while remaining feasible within the site’s physical limitaons. We believe the proposed block wall will be sufficient to migate visual and operaonal impacts and provide an appropriate buer between properes. Overall, the character of the area appears to be transioning from residenal to industrial zoning. Approval of the requested IND-2 zoning designaon will support this transion, promote zoning consistency, and contribute to the orderly development of the surrounding properes. Locaon & Accessibility - The site is not open to the public, and no customer visits are conducted on-site. Access to the property is limited to employees only. Employees ulize designated on-site parking areas and enter through the main gate, with primary access provided via Sunland Avenue. The site is designed to accommodate safe and efficient ingress and egress for employee vehicles and construcon equipment. Addionally, a neighboring business currently operates dump trucks ulizing the same access point, demonstrang that the exisng access is already suitable for similar vehicle traffic. Circulaon System The site is accessed via Sunland Avenue, which provides adequate connecvity to the surrounding roadway network. On-site circulaon is designed to accommodate the safe and efficient movement of employee vehicles and construcon equipment, including trucks, trailers, and heavy machinery. The layout allows for organized ingress, maneuvering, and egress without congeson or interference between vehicles. No customer traffic is generated, as the site is not open to the public. Traffic is limited to employee arrivals and departures, as well as equipment dispatch in the morning and return in the evening. These acvies occur during dened operang hours and are staggered based on job schedules, minimizing peak traffic impacts. O-site circulaon is supported by exisng road infrastructure, which is currently ulized by similar commercial and industrial users in the area. Notably, a neighboring business operates dump trucks using the same access point, demonstrang the roadway’s ability to accommodate this type of vehicle traffic. No roadway improvements or right-of-way dedicaons are proposed at this me, as the exisng access and circulaon system adequately supports the intended use. Should any improvements be required by the County as part of the rezoning process, the applicant is willing to coordinate and comply with applicable requirements. Development Schedule - Phase 1 will consist of the construcon of a block wall along the northern property boundary to provide buering from the adjacent property and to address the current code violaon. This phase will also include the installaon of site lighng as shown on the proposed site plan. Phase 1 is ancipated to be completed within six (6) months of zoning approval. Phase 2 will consist of the demolion of the exisng residence and the construcon of a proposed storage and work area building. This structure will be used for equipment storage and will provide a covered area for roune mechanical work and maintenance. Phase 2 is ancipated to commence within a two (2) year meframe following zoning approval. This meline accounts for nancial planning and allocaon of resources necessary to complete a project of this scale, while allowing for the connued growth and improvement of our business. Community Facilies and Services- There are no school districts, parks, or public amenies located within the immediate area of the subject property. Public Ulies and Services Water- City of Phoenix Water Services Sewer- Sepc Tank Electrical- SRP Gas- Southwest Gas Telecom- Cox Fire- City of Phoenix Fire Department Floor Plans & Elevaons Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 S u b d i vi s io n @ m a r i co p a . go v e s d . m a r i c o pa . g o v The Maricopa County Environmental Services Department (MCESD) has completed review for the 4206 W Sunland Ave Zone Change planning case(s). Please note the following MCESD requirements for site development: Onsite Wastewater (Septic) – A Minor Plan Review application must be submitted for any existing septic system(s) if being utilized and if the applicant believes the existing system(s) are adequate in size to support the new use; otherwise, a new septic permit/install may be required. For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. Additional Notes – *It should be noted that this document does not approve the referenced project. Comments are provided for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County Planning and Development Department. 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 current regulations at the time of application. Project Name: 4206 W Sunland Ave Zone Change Primary Contact Name: Manuel Holguin Planning Application Type: Zone Change with Overlay APN(s): 105-69-017Z Reviewer: Elliott Wheaton, P.E. Email: Elliott.Wheaton@maricopa.gov Phone: 602-376-6035 Planner Name: Isaac Perez Planning Case #: Z250041 Date: January 14, 2026 Water and Waste Management Division Zachary Kobza, P.E. Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 723-5248 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: Zachary.Kobza@maricopa.gov Planning & Development Engineering Plan Review Date: January 13, 2026 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Isaac Perez, Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Manager, Planning & Development From: Zachary Kobza, PE, Senior Plans Examiner Engineer, Planning & Development Subject: Z250041 – Zone change to commercial for Construction Vehicle Storage Facility APN(s): 105-69-017Z Engineering Review has reviewed the first plan and report routed for review on 12/23/2025, for the subject application and has no objections: The following stipulations will apply: 1. Sunland Avenue is comprised of a series of private easement(s) that have not been accepted by the County; and is therefore not maintained by the County. It is the owner/applicant’s responsibilities to determine access rights to Sunland Avenue. 2. The subject premises is located within the County’s Urbanized Area, but does not appear to disturb more than one (1) acre. Therefore, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will not be required prior to issuance of any building permits required for site development. See: https://www.maricopa.gov/DocumentCenter/View/6577 3. Engineering review of planning and/or zoning cases is for conceptual design only. 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. 4. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure. 5. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits Please contact me with any questions. TIS Waiver | Zone Change Residential To Commercial Traffic Study Waiver Request APN 105-69-017-Z NA Plans Sealed By Not Applicable Laxmikanth Narwa, P.E./602.506.8677 Int. Review No. Date Item No. Page No. Review Comment Code LN 1 12/2/2025 1 General The below comments are limited to traffic study impacts for the proposed development based on the land use described in the Project Summary of this comment review sheet. Any additions to the subject parcel that will meet MCDOT criteria for a Traffic Statement (TS) or Traffic Impact Study (TIS), will require the developer to submit a TS or TIS for review and approval by MCDOT. LN 1 12/2/2025 2 General As per the waiver request letter, the average trip generation is estimated to be less than 5 trips during peak hours. As per the information provided by the applicant for the traffic study waiver request, the project meets MCDOT criteria for a waiver request. MCDOT anticipates no impacts on to the surrounding MCDOT roadway network. Therefore, MCDOT has no traffic concerns on proposed usage of this property. LN 1 12/2/2025 3 General Approval of Traffic Study Waiver for this project site does not constitute approval of R/W limits or dedication requirements, geometric layout of Site Plan details, and any other permit related requirements applicable for this development. The Traffic Study Waiver Is Approved Consultant Comment Discipline Consultant Signature Date The developer is seeking for traffic study waiver for the property located at 4206 W Sunland Ave Phoenix, AZ 85041. The site is within unicorporated Maricopa County with parcel number APN# 105-69-017-Z. As per the applicant, the proposed project is zone change from residential to commercial use for storage of dump trucks, trailers, and excavation equipment. The site is approximately 0.6-acre in size. Operations at this site will take place [6] days per week, typically from [5am] to [7pm]. The business is expected to employ approximately [10] full-time employees. Daily customer visits are to be zero. Vehicular access will remain the same via 43rd Ave and Southern with existing driveways. Traffic Engineering Review Comment Sheet Project Name Location MCDOT File No. Reviewer/Phone No. Consultant: Please use the code and respond to each comment in the Consultant Reply Column. This sheet is for our records, please answer every question and sign and date your acknowledgment or the plans will be sent back to complete the process. Send back the marked-up plans and a new set of plans along with this sheet. Thank you for your cooperation. Consultant Code: A=Will Comply B=Deleted C=Consultant to Evaluate General Project Summary: Page 1 of 1