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December 11, 2024
Z240002
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
December 11, 2024
Case #/Title:
Z240002 – 310 Dust Control
Supervisor District:
Applicant/Owner:
William Lally, Tiffany & Bosco, P.A./ Cantelme Family Living Trust
Request:
Zone change with overlay from Rural-43 to IND-2 IUPD
Site Location:
Generally located ½ mile north of the northwest corner of Black
Canyon Hwy. and New River Rd. in the New River area
Site Size:
Approximately 12.4 acres
County Island Status:
None
Additional
Comments:
There are no outstanding concerns from reviewing agencies. The
request is to rezone a site consisting of four parcels to IND-2 IUPD.
This will accommodate an outdoor storage facility for water trucks
involved in dust control, water tanks, septic tanks, and shipping
containers. Future uses proposed on this site will consist of flex-
offices for indoor warehouses, workshops, commercial offices, and
septic tank drainage treatment services.
Prior to the Commission hearing staff received 44 support letters
for this request. Most of the support letters mention that the site is
appropriate for non-residential land uses because it’s between the
freeway and an arterial street. During the Commission hearing no
one spoke for or against this request.
Commission
Recommendation:
On 11/7/24, the Commission voted 8-0 to adopt a motion
recommending the Board of Supervisors approve Z240002 subject
to conditions ‘a’ – ‘k’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “310 Dust Control, LLC“, consisting of one full-size sheet, dated September 19,
2024, and stamped received September 19, 2024, except as modified by the following
conditions.
December 11, 2024
Z240002
Page 2 of 4
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “310 Dust Control, LLC”, consisting of five pages, dated September 19, 2024, and
stamped received September 19, 2024, except as modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed building
lots/units, 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.
Black Canyon Hwy. is a MCDOT maintained roadway, any additional dedication
and offsite improvement requirements will be determined by MCDOT Traffic based
on a submitted Traffic Impact Analysis (TIA) /Traffic Impact Study (TIS) to Permit
Center at https://www.maricopa.gov/6003/Maricopa-Countys-New-Permit-Center
3.
The perimeter mid-section line alignments of the proposed development requires
the setback line to start from a future half street Right-of-Way of 40-feet from the
mid-section line per the Maricopa County Zoning Ordinance Section 1105. A
Reserved Right-of-Way Reduction Waiver could be applied for with MCDOT for a
determination of the width of the reserved right-of-way along these mid-section
alignments on this site can be reduced or eliminated.
4.
There are Federal Patent Easements encumbering this site. Encroachments are
prohibited within these easements unless abandoned. Applicant must contact
MCDOT for further interest in the Patent Easement Abandonment Process.
The
applicant does not need to abandon the Patent Easement to dedicate Right-of-Way
to MCDOT.
5.
The above comments do not include identification of utilities or underground
facilities within or adjacent to the required right-of-way that may have prior rights
and/or require relocation.
6.
Applicant to notify ADOT of proposed project through the Red Letter Process,
RedLetter@azdot.gov due to the proximity to the Interstate-17.
7.
Engineering review of re-zone cases is conceptual in nature. 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.
A Plan of Development and any necessary permits must be applied for and approved to
address the existing code violation on this site.
e.
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
December 11, 2024
Z240002
Page 3 of 4
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.
f.
Prior to the submission of any Plan of Development on this site all lots must be combined
into one lot with its own parcel number with the County Assessor’s and Recorder’s Offices.
g.
All existing Federal Patent Easements shall be abandoned with MCDOT on this site prior
to the submission of any Plan of Development.
h.
The following requested IND-2 IUPD development standards shall apply:
1.
Maximum building/structure height of 40 feet regardless of adjacent zoning
districts.
2.
Minimum zero foot front, rear, street-side, and side setbacks, except for a 40 foot
minimum setback from the right-of-way lines of the Black Canyon Hwy. frontage
road to the east and Interstate-17 Black Canyon Fwy. to the west.
3.
Until such time as a sewer system is available on this site, the IUPD shall limit
entitled use in this IND-2 IUPD zoning district to an outdoor storage facility or other
uses acceptable to the Maricopa County Environmental Services Department to
have wastewater disposal via on-site septic systems.
4.
The following uses shall be prohibited:
a.
Adult-oriented facilities
b.
Auction sales, including swap meet operations
c.
Circuses and carnival grounds having permanent facilities
d.
Dance halls and nightclubs
e.
Liquor stores
f.
Permanent facilities for rodeos, auctions, swap meets, campgrounds, and
sites rented for private parties
i.
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.
j.
The property owner(s) and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
k.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the Zone Change
is granted and reverting to the prior zoning results in the same value of the property as if
the Zone Change had never been granted.
December 11, 2024
Z240002
Page 4 of 4
Presented by:
Martin Martell, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
11/7/24 P&Z Packet (27 pages)
11/7/24 P&Z Handout (4 pages)
11/7/24 P&Z Handout 2 (58 pages)
Note:
11/7/24 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
Z240002
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z240002 – 310 Dust Control
Hearing Date:
November 7, 2024
Supervisor District:
3
Applicant:
William Lally, Tiffany & Bosco, P.A.
Owner:
Cantelme Family Living Trust
Request:
Zone change with overlay from Rural-43 to IND-2 IUPD
Site Location:
Generally located ½ mile north of the northwest corner of Black Canyon
Hwy. and New River Rd. in the New River area
Site Size:
Approximately 12.4 acres
Density:
N/A
County Island:
No
County Plan:
Daisy Mountain/New River Area Plan – Scenic Corridor/ Single Family -
Rural (0-1)
Municipal Plan:
N/A
Municipal Comments:
None received to date
Support/Opposition:
One letter of support
Recommendation:
Approve with conditions
Z240002
Page 2 of 10
Project Summary:
1.
The applicant, on behalf of the property owner, is requesting to rezone a 12.23 acre site consisting
of four parcels zoned Rural-43 to IND-2 IUPD that is located a quarter of a mile north of the
northwest corner of Black Canyon Hwy. and New River Rd. in the New River area. The requested
zone change would accommodate the primary use as an outdoor storage facility of water trucks
for dust control, water tanks, septic tanks, and shipping containers. Future uses proposed on this
site will consist of flex-offices for indoor warehouses/workshops, commercial office tenant
suites, and septic tank drainage/treatment services. This site does have an existing single-family
residence where the property owner resides, which will also be used as a home office for the
primary use of the site. This site is encumbered by Federal Patent Easements throughout the site
and the applicant is currently in the process of abandoning these easements with MCDOT. The
applicant believes that this site is appropriate for industrial zoning due to its location sandwiched
between a freeway and an arterial road. Furthermore, the applicant states in their narrative report
that industrial and commercial uses are the primary goal for this part of the Daisy Mountain/New
River Area Plan.
2.
This site has two open code violations for conducting an industrial business on a Rural-43 zoned
site without zoning entitlement and developing the site without permits (V202200250 and
V202400567). On May 29, 2024, the property owner entered into a Compliance Agreement with
the Code Compliance Division that was an admission of responsibility with a plan of compliance.
The Compliance Agreement had a critical deadline of April 30, 2025 to obtain proper zoning
entitlement and until July 30, 2025 to bring the entire site in compliance with any completion of
the required construction permits. It should be noted that this operation has been operating on
this site since 2022. On August 20, 2024, the Technical Advisory Committee held a meeting with
the applicant to discuss the first submittal of this request.
3.
Due to the unique shape of this site adjacent to lots with Federal Patent Easements the applicant
is requesting to vary several IND-2 development standards, such as elimination of required yards
and simplifying the maximum height. Additionally, the applicant is requesting to prohibit ten IND-
2 allowed land uses. The applicant justifies eliminating the required yards is that the neighboring
parcels have 33 foot wide Federal Patent Easements that can act as additional required yard and
with the freeway west of the site can also act as an additional buffer form the rural residential
properties west of the freeway. Another justification to eliminate the required yards is that the
parcels to the north and south are operating unentitled industrial businesses that do not require
the buffering. The applicant justifies simplifying the maximum height to just 40 feet regardless of
neighboring rural zoning districts because although the neighboring properties east of Interstate-
17 are in the Rural-43 zoning district they all appear to be operating industrial uses. Thus, enabling
a 40 foot tall structure near the site’s boundaries would be hardly noticeable, especially with the
buffer of the Federal Patent Easements adjacent to the site’s boundaries on the neighboring
parcels. The subject zone change with overlay to IND-2 IUPD will vary the development standards
listed on the next page.
Z240002
Page 3 of 10
IUPD Development Standards Table
Regulation
IND-2 Base Zoning Standards
Proposed
IND-2
IUPD
Zoning
Standards
Maximum Height
40’ except the height of any structure
closer than 40’ of a rural or residential
zoning boundary shall not exceed the
distance from the building to the
zoning boundary except that no
building be less than 10’ in height.
40’ regardless of adjacent zoning
district
Minimum Front Yard
20’ abutting major street or highway
15’ abutting collector or mid-section
line road
10’ abutting local streets
None (0’)
Minimum Side Yard
None and
5’ adjacent to rural/ residential zoning
district
None (0’)
Minimum Street Side Yard
10’ where a corner lot abuts a
rural/residential zoning district
None (0’)
Minimum Rear Yard
None and 25’ adjacent to a rural/
residential zoning district
None (0’)
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Minimum Lot Width
60’
60’
Maximum Lot Coverage
60%
60%
Parking
See parking regulations
See parking regulations
Screening
Minimum 6’ solid wall
Minimum 6’ solid wall
Prohibited Land Uses
N/A
Adult oriented facilities
Liquor Stores
Auction Sales (including swap
meet operations)
Circus and carnival grounds having
permanent facilities.
Dance halls and nightclubs.
Permanent facilities for rodeos.
auctions, swap meets,
campgrounds, and site rented for
private parties.
Z240002
Page 4 of 10
Aerial-photo and Zoning Map
Z240002
Page 5 of 10
Close-up Aerial and Site Photos
Z240002
Page 6 of 10
Portion of the Zoning Exhibit
Z240002
Page 7 of 10
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Unentitled outdoor storage facility & single-family home
North:
Rural-43 / Unentitled outdoor storage facility & single-family home
South:
C-2 and Rural-43 / Veterinary Clinic, unentitled outdoor storage facilities,
and single-family residences
East:
Black Canyon Hwy. then Rural-43 / Natural desert & New River
West:
Interstate-17 then Rural-43/ Natural desert
Utilities and Services:
5.
Water:
Private Well
Wastewater:
Private Septic System
School District:
Deer Valley Unified School District
Fire:
Daisy Mountain Fire District
Police:
MCSO
Right-of-Way:
6.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan. It should be noted that any dedication or preservation of right-of-way
will determined during the plan of development review stage based on a Traffic Impact Statement
or Study.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Black Canyon Hwy.
50’
50’
Minor Collector
Sunset Dr.
25’
25’
Local Roadway
Adopted Plan:
7.
Daisy Mountain/New River Area Plan (updated November 20, 2022): This area plan designates
the site as Scenic Corridor and Single Family - Rural (0-1). The Scenic Corridor designates the
site as Scenic Corridor where exiting development at Interstate-17 and New River Rd. generally
aligns with locally serving retail preferred by the residents. It is anticipated that small business
with the types of businesses responding to the visibility requirements for Interstate-17 and is
within the Black Canyon Freeway Scenic Corridor. The Single Family – Rural land use designation
promotes low-density single family homes at or below one home per acre where the natural
environment may determine a home’s location and access to avoid disruption of natural washes
and steeper slopes.
Public Participation Summary:
8.
The applicant has complied with the requirements stated in Maricopa County’s citizen review
process with the required posting of the site and notification to adjacent property owners within
300 feet of the subject parcel and interested parties via first-class mail. The applicant has
submitted a Public Participation Results Report. This report mentioned that the applicant received
one email from a resident who had questions about the request but other than that the applicant
received no other concerns about this request from the public. As of the writing of this report staff
received no opposition against this request and received one letter of support for this request
from a nearby resident who believes this site is appropriate for industrial zoning.
Z240002
Page 8 of 10
Outstanding Concerns from Reviewing Agencies:
9.
N/A
Staff Analysis:
10.
Staff supports this request to rezone this site to IND-2 IUPD. This zoning entitlement will be the
first step to address this existing use and code violations. Industrial and commercial uses on a
site located between a freeway and an arterial roadway are more realistic on this site than
residential land uses especially with New River’s designated commercial core nearby to the south.
The use of outdoor storage will work for this location since the site has no access to public
utilities; however, the proposed office, flex industrial, or commercial uses might be difficult to
develop without access to public utilities. A condition of approval will limit the use of the site to
an outdoor storage facility, or other uses deemed acceptable to operate on a well or septic
system by the County’s Environmental Services Department. The applicant is in the process of
abandoning the Federal Patent Easements on this site and staff will condition that this completed
prior to the submission of the plan of development. The property owner will be processing a plan
of development for this site and will be conditioned to apply for permits to address the existing
development which has been completed without permits on this site to complete their
Compliance Agreement. The applicant’s requested varied development standards are justified
and will not impact the area since this site is isolated on two sides with neighboring Federal
Patent Easements. Additionally, development on this site will be subject the design guidelines of
the New River/Black Canyon Hwy. Scenic Corridor designed to lessen the impact of any
development within this area.
Recommendation:
11.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z240002 subject to the following conditions ‘a’ – ‘k’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “310 Dust Control, LLC“, consisting of one full-size sheet, dated September 19,
2024, and stamped received September 19, 2024, except as modified by the following
conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “310 Dust Control, LLC”, consisting of five pages, dated September 19, 2024, and
stamped received September 19, 2024, except as modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed building
lots/units, 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.
Black Canyon Hwy. is a MCDOT maintained roadway, any additional dedication
and offsite improvement requirements will be determined by MCDOT Traffic based
on a submitted Traffic Impact Analysis (TIA) /Traffic Impact Study (TIS) to Permit
Center at https://www.maricopa.gov/6003/Maricopa-Countys-New-Permit-Center
Z240002
Page 9 of 10
3.
The perimeter mid-section line alignments of the proposed development requires
the setback line to start from a future half street Right-of-Way of 40-feet from the
mid-section line per the Maricopa County Zoning Ordinance Section 1105. A
Reserved Right-of-Way Reduction Waiver could be applied for with MCDOT for a
determination of the width of the reserved right-of-way along these mid-section
alignments on this site can be reduced or eliminated.
4.
There are Federal Patent Easements encumbering this site. Encroachments are
prohibited within these easements unless abandoned. Applicant must contact
MCDOT for further interest in the Patent Easement Abandonment Process. The
applicant does not need to abandon the Patent Easement to dedicate Right-of-Way
to MCDOT.
5.
The above comments do not include identification of utilities or underground
facilities within or adjacent to the required right-of-way that may have prior rights
and/or require relocation.
6.
Applicant to notify ADOT of proposed project through the Red Letter Process,
RedLetter@azdot.gov due to the proximity to the Interstate-17.
7.
Engineering review of re-zone cases is conceptual in nature. 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.
A Plan of Development and any necessary permits must be applied for and approved to
address the existing code violation on this site.
e.
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.
f.
Prior to the submission of any Plan of Development on this site all lots must be combined
into one lot with its own parcel number with the County Assessor’s and Recorder’s Offices.
g.
All existing Federal Patent Easements shall be abandoned with MCDOT on this site prior
to the submission of any Plan of Development.
h.
The following requested IND-2 IUPD development standards shall apply:
1.
Maximum building/structure height of 40 feet regardless of adjacent zoning
districts.
Z240002
Page 10 of 10
2.
Minimum zero foot front, rear, street-side, and side setbacks, except for a 40 foot
minimum setback from the right-of-way lines of the Black Canyon Hwy. frontage
road to the east and Interstate-17 Black Canyon Fwy. to the west.
3.
Until such time as a sewer system is available on this site, the IUPD shall limit
entitled use in this IND-2 IUPD zoning district to an outdoor storage facility or other
uses acceptable to the Maricopa County Environmental Services Department to
have wastewater disposal via on-site septic systems.
4.
The following uses shall be prohibited:
a.
Adult-oriented facilities
b.
Auction sales, including swap meet operations
c.
Circuses and carnival grounds having permanent facilities
d.
Dance halls and nightclubs
e.
Liquor stores
f.
Permanent facilities for rodeos, auctions, swap meets, campgrounds, and
sites rented for private parties
i.
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.
j.
The property owner(s) and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
k.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the Zone Change. The Zone
Change enhances the value of the property above its value as of the date the Zone Change
is granted and reverting to the prior zoning results in the same value of the property as if
the Zone Change had never been granted.
Presented by:
Martin Martell, Planner
Reviewed by:
Rachel Applegate, Acting Planning Supervisor
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (5 pages)
MCESD comments (2 pages)
DPR comments (2 pages)
Code Violations Compliance Agreement (5 pages)
Support Letter (1 page)
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SUBJECT PROPERTY
BLACK CANYON HWY
LEGAL DESCRIPTIONS
PARCEL 1:
The West 200 feet of Lot 6 (The South Half of the Northwest quarter of the Northwest quarter of the
Southeast Quarter) of Section 27, Township 7 North, Range 2 East of the Gila and Salt River Base and
Meridian, Maricopa County, Arizona;
EXCEPT all coal, oil, gas and minerals as reserved in Patent.
PARCEL 2:
A permanent easement for ingress and egress of the South 30 feet of said Lot 6;
EXCEPT the West 200 feet thereof.
PARCEL 3:
A perpetual easement to leaching field as set forth in instrument recorded February 27, 1984 in
Document
No. 84-079266.
PARCEL 4:
Lot Five (5), Section Twenty-seven (27), Township Seven (7) North, Range Two (2) East of the Gila and
Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT that portion of said Lot 5 which lies West of the following described line:
BEGINNING at a point on the South Line of said Section 27, said point bears North 89 degrees 54
minutes 46 seconds West 282 .07 feet from the South quarter corner thereof;
THENCE North O degrees 11 minutes 50 seconds West, 766.87 feet;
THENCE from a Local Tangent Bearing of North 8 degrees 27 minutes 04 seconds East along the arc
of a curve to the right having a radius of 22,822.32 feet a distance of 2000.00 feet to the point of ending
as deeded to the State of Arizona in Docket 5943, Page 3; and
EXCEPT all coal, oil, gas and other mineral deposits in said lands as reserved in Patent.
PARCEL 5:
That portion of the East half of the Northeast quarter of the Northeast quarter of the Southwest quarter
of Section 27, Township 7 North, Range 2 East, of the Gila and Salt River Meridian, Maricopa County,
Arizona, which lies easterly of the following described, easterly right of way line of the interstate
highway 17 (PHOENIX-CORDES JCT. HIGHWAY)
Beginning at the point of intersection of the South line of said Section 27 with said Easterly right of way
line, which point bears North 89 degrees 54' 46" West 282.07 feet from the South quarter corner of said
Section 27;
THENCE O degrees 11' 50" West along said right of way line, a distance of 766.87 feet;
THENCE continuing along said right of way line from a local tangent Bearing of North 8 degrees 27' 04"
East along the arc of a curve to the right having a radius of 22,822.32 feet, a distance of 2000.00 feet to
the point of ending;
EXCEPT all coal, oil, gas and other mineral deposits in said lands as reserved in Patent.
PARCEL 6:
Lot Fifty Four (54), Section Twenty-seven (27), Township Seven (7) North, Range Two (2) East of the
Gila and Salt River Base and Meridian, Maricopa County, Arizona;
EXCEPT all coal, oil, gas and other mineral deposits in said lands as reserved in Patent.
X
X
X
X
X
X
N. BLACK CANYON HWY
330'-3"
PHASE 1
N. BLACK CANYON HWY
N. I-17
S. I-17
S. I-17
N. I-17
N. I-17
APN: 202-12-028C
RU-43
EXISTING USE: NURSERY
OWNER: ROY E WALKER LIVING TRUST
APN: 202-12-085A
RU-43
EXISTING USE: NURSERY
OWNER: ROY E WALKER LIVING TRUST
202-12-084B
C-3
EXISTING USE: VETERINARIAN CLINIC
OWNER: NEW RIVER VETERINARY HOSPITAL LLC
202-12-082A
RU-43
EXISTING USE: BARE LAND
OWNER: DALTON RAY W
202-12-018A
RU-43
EXISTING USE: BARE LAND
OWNER: DALTON RAY W
202-12-018B
RU-43
EXISTING USE: RESIDENTIAL
OWNER: DUBOIS ERIC/BRANDI
202-12-015D
RU-43
EXISTING USE: RESIDENTIAL
OWNER: CORY SHANE
30
0
60
120
SCALE IN FEET
SCALE: 1" = 60'
60
180
SUNSET DRIVE EXISTING 24' R/W
202-12-051A
RU-43
EXISTING USE:
BARE LAND
OWNER: STOCKETT RICK L/DIANA L
STATE TRUST
LAND
CL
CL
CL
CL
CL
CL
50' ROW DEDICATION
CL
CL
CL
CL
EXISTING PATENT EASEMENT
SUBJECT SITE FOR REZONE TO IND-2 IUPD
ZONING EXHIBIT
LEGAL
SCALE: 1"= 60'
310 DUST CONTROL, LLC
N BLACK CANYON HWY
NEW RIVER, AZ
ZONING EXHIBIT FOR
REZONE
HRR
9/19/24 EX-1
#Z24002
ZONING
SITE DATA
MUNICIPALITY: UNINCORPORATED MARICOPA COUNTY
ADDRESS: 47848 N BLACK CANYON HWY NEW RIVER 85087, 48014 N
BLACK CANYON HWY NEW RIVER 85087, & 48126 N BLACK CANYON
HWY NEW RIVER 85087
EXISTING ZONING: RU-43
PROPOSED ZONING: IND-2 IUPD OVERLAY
PROPOSED USE(S): RV STORAGE, CONTAINER STORAGE,
FLEX-OFFICE FOR PARTIAL OFFICES WITH INDOOR WAREHOUSING
AND WORKSHOP OPPORTUNITIES, COMMERCIAL/ OFFICE TENANT
SUITES, WATER HAULING AND DUST CONTROL SERVICES AND/OR
POTENTIAL SEPTIC TANK DRAINAGE AND TREATMENT SERVICE.
LOT AREA: 12.38± GROSS ACRES (539,349.78± SF)
9.12± NET ACRES (397,456.36± SF)
VICINITY MAP
SCALE: N.T.S.
CASE NUMBER Z240002
WATER: PRIVATE WELL WATER
WASTEWATER: SEPTIC SYSTEM
FIRE: DAISY MOUNTAIN FIR DEPARTMENT
POLICE: MARICOPA COUNTY SHERIFF
SCHOOL DISTRICT: DEER VALLEY UNIFIED SCHOOL DISTRICT
UTILITY/SERVICE PROVIDER
Zoning Standards (current and proposed)
REGULATION
IND-2 BASE ZONING STANDARD
PROPOSED IND-2 IUPD STANDARD
Height
40’ MAX
Except that the height of any building or
structure closer than 40’ to any rural or
residential zone boundary shall not exceed
the distance from said building or structure
to the zone boundary.
10’ MIN
40' MAX
Minimum Front Yard
20’ abutting major street, section line road,
State or Federal Highway.
15’ abutting collector & midsection line
roads & roads adjoining rural or residential
zoning districts.
10’ abutting local streets & interior streets of
industrial subdivisions.
None (0’)
Minimum Side Yard
None (0’)
5’ adjacent to rural/residential zoning district
None (0’)
Minimum Street Side
Yard
10'
None (0’)
Minimum Rear Yard
None (0’)
25’ adjacent to rural/residential zoning
district
None (0’)
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Minimum Lot Width
60'
60'
Maximum Lot Coverage
60%
60%
Parking
See parking regulations
See parking regulations
Screening
Minimum 6' solid wall
Minimum 6' solid wal
Prohibited Uses
N/A
Adult oriented facilities
Liquor stores.
Auction sales, including swap meet
operations.
Circus and carnival grounds having
permanent facilities.
Dance halls and nightclubs
Permanent facilities for rodeos, auctions,
swap meets, campgrounds, and sites
rented for private parties.
DEVELOPMENT TEAM
Property Owner
CANTELME FAMILY LIVING
TRUST & 48126, LLC
48126 N Black Canyon HWY New
River, AZ USA 85087
T: 602-390-0352
Contact: James Cantelme
Applicant
Tiffany & Bosco, PA
2525 E. Camelback Rd.
Suite 700
Phoenix, AZ 85016
T: 602-452-2716
Contact: William E. Lally, Esq.
NOTE:
ANY OUTDOOR LIGHTING WILL BE IN CONFORMANCE WITH SECTION
1112 OF THE ZONING ORDINANCE AND WILL BE PLACED SO AS TO
REFLECT LIGHT AWAY FROM ANY ADJOINING RURAL OR
RESIDENTIAL ZONING DISTRICT.
ALL EXISTING FEDERAL PATENT EASEMENTS ON THIS SITE WILL BE
ABANDONED BEFORE THE SUBMISSION OF ANY PLAN OF
DEVELOPMENT ON THIS SITE.
RECEIVED 19. SEP 24
Z240001
310 Dust Control, LLC
Narrative Report
Zone Change with Overlay Request
General Location: NWC & SWC of N Black Canyon HWY & Sunset Drive
Case # Z240002
1st Submittal Date: May 18, 2024
2nd Submittal Date: August 23, 2024
3rd Submittal Date: September 19, 2024
Vicinity Map
RECEIVED 19. SEP 24
Z240001
Page | 2
310 Dust Control, LLC Rezone
Purpose of Request
This proposal is to rezone the subject parcel (APN’s 202-12-017, 202-12-083A, 202-12-
015A, 202-12-078, 202-12-012), “The Property” from RU-43 to IND-2 (Light Industrial
Zoning District) with an Industrial Unit Plan of Development (IUPD) overlay, for the entire
12.23± gross acres. The parcel is located on the North Black Canyon frontage road, in New
River. The requested change to IND-2 IUPD would allow for a variety of industrial and
commercial land uses within an area. (See Exhibit A: Existing Zoning and Exhibit B:
Proposed Zoning).
Description of Proposal
The Property is currently underutilized and immediately adjacent to the I-17. The Property
is comprised on five parcels, APN’s 202-12-017, 202-12-083A, 202-12-015A, 202-12-078,
202-12-012, one the northwest and southwest corner of N Black Canyon HWY & Sunset
Drive. (See Exhibit C: Context Aerial) The parcels will be combined to create one, single
parcel. The Property is in a prime location to attract industrial, commercial and office uses
in the IND-2 Zoning District, as established by the neighboring existing veterinary clinic,
the country western entertainment venue, and nearby storage facility. The goal for the site
is to permit outdoor storage, container storage, flex-office for partial offices with indoor
warehousing and workshop opportunities, commercial/office tenant suites, water hauling
and dust control services and/or potential septic tank drainage and treatment service. The
existing residential home located proximate to the Property’s southwest corner will operate
as a home office use.
The Property is accessible and located on North Black Canyon Highway which connects
to I-17. I-17 is a freeway which runs entirely within the state of Arizona, connect the
northern and southern portions of the state.
Any future development will be in compliance with the Maricopa County Zoning Ordinance
(MCZO) IND-2 zoning district standards and regulations per Section 902 and will be in
compliance with IND-2 development standards and regulations for height, parking,
signage criteria H[FHSW IRU WKH GHYHORSPHQW VWDQGDUGV EHLQJ YDULHG LQ WKLV UHTXHVW .
Operational details including number of employees, hours of operation, and other
information will be discussed when the POD is submitted in the future. The deviation
Cantelme - Project Data
A.P.N.
APN’s 202-12-017, 202-12-083A, 202-12-015A, 202-
12-078, 202-12-012
Current Land Use
Vacant/Undeveloped
Current Zoning District
RU-43
Proposed Zoning District
IND-2 IUPD
Gross Site Area
Approximately 12.23± gross acres
Area Plan
Daisy Mountain/New River
Supervisorial District
Supervisorial District 3 – Bill Gates
School District
Deer Valley School District
Page | 3
310 Dust Control, LLC Rezone
from code in the IUPD Overlay is requesting to vary the required yard setbacks to zero and
to limit the permissible uses, with the intent to prohibit uses which are not appropriate for
the Property and surrounding area.
Industrial Unit Plan of Development (IUPD)
The proposed IUPD is requesting to have all uses that are currently permitted in the IND-
2 zoning district, however we are proposing to prohibit the following uses:
x
(804.2.2) Adult oriented facilities
x
(804.2.26) Liquor stores.
x
(805.2.3) Auction sales, including swap meet operations.
x
(805.2.8) Circus and carnival grounds having permanent facilities.
x
(805.2.9) Dance halls and nightclubs,
x
(805.2.20) Permanent facilities for rodeos, auctions, swap meets, campgrounds,
and sites rented for private parties.
This proposal is also requesting 0’ setbacks, due to the adjacent roadways and Federal
Patent Easements surrounding the Property.
The proposed IUPD development standards compared with MCZO IND-2 standards are
detailed within the table below:
IUPD Table
Regulation
IND-2 Base Zoning Standard
Proposed IND-2 IUPD Standard
Height
40’ MAX
Except that the height of any building or
structure closer than 40’ to any rural or
residential zone boundary shall not exceed
the distance from said building or structure
to the zone boundaryZLWK
PLQ
40’ MAX
Minimum
Front Yard
20’ abutting major street, section line road,
State or Federal Highway.
15’ abutting collector & midsection line
roads & roads adjoining rural or residential
zoning districts.
10’ abutting local streets & interior streets of
industrial subdivisions.
None (0’)
Minimum
Side Yard
None (0’)
5’ adjacent to rural/residential zoning district
None (0’)
Page | 4
310 Dust Control, LLC Rezone
Minimum
Street Side
Yard
10’
None (0’)
Minimum
Rear Yard
None (0’)
25’ adjacent to rural/residential zoning
district
None (0’)
Minimum
Lot Area
6,0000 sq. ft.
6,000 sq. ft.
Minimum
Lot Width
60’
60’
Maximum
Lot
Coverage
60%
60%
Parking
See parking regulations
See parking regulations
Screening
Minimum 6’ solid wall
Minimum 6’ solid wall
Prohibited
Uses
N/A
Adult oriented facilities
Liquor stores.
Auction sales, including swap meet
operations.
Circus and carnival grounds having
permanent facilities.
Dance halls and nightclubs
Permanent facilities for rodeos,
auctions, swap meets, campgrounds,
and sites rented for private parties.
Relationship to Surrounding Properties
The Site is roughly two miles north of Anthem and sits between northbound I-17 and the I-
17 frontage road, abutting the I-17 freeway in one of two primary commercial and retail
areas designated in the Daisy Mountain/ New River Area Plan, which recognizes that
“Existing businesses along the I-17 frontage road provide locally-focused services
including a medical clinic, veterinary hospital, marijuana dispensary, restaurants, a
convenience store, self-storage, and a gravel mining business.”
The site is in the shape of a “U” on its side and the Property is adjacent to a C-3 zoned
property. This C-3 zoned site fronts North Black Canyon frontage road, where the above-
mentioned veterinary hospital operates. On the east side of I-17 frontage road, across the
street from the Site, are vacant BLM land and other vacant privately owned parcels.
North: RU-43 – Residential, current use is a Nursery
Page | 5
310 Dust Control, LLC Rezone
South: RU-43/C-3 – Residential / Veterinarian Clinic
East: RU-43/C-2 – Residential, North Black Canyon Highway and then Roadrunner Salon
West: RU-43 – Residential, I-17 N (N Black Canyon Freeway)
Location, Accessibility, and Circulation
As previously described, the site is accessible from the I-17 frontage road and Sunset
Drive. The proposed development will make the required, improvements to the adjacent
roadways, which will benefit the surrounding properties.
Public Utilities and Services
Water – Private Well Water
Wastewater – Septic System
Fire: Daisy Mountain Fire Department
Police: Maricopa County Sheriff
Community Facilities
Deer Valley Unified School District. The nearest school is New River Elementary located
approximately 250 yards northeast of the Site.
Development Schedule
A Plan of Development (POD) for development of the Property will be applied subsequent
to obtaining industrial zoning entitlement approval once specific land use(s) are
determined.
Conclusion
The requested rezone to IND-2 IUPD is justified given the its location fronting I-17, and the
location of the Property in the Daisy Mountain/ New River Area Plan designation. Given
this location and the irregular shape, the Property is likely would never be utilized as
residential. This site conforms with the purpose of the IND-2 zoning district, as it is suitable
to nearby properties and the site has access to a major street or highway. We look forward
to continuing to work with Maricopa County on this project, please let us know if there are
any additional questions.
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdi vi sio n@mari co pa.go v
esd.mar i co pa.go v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the 310 Dust Control, LLC planning case(s). Please note the following MCESD
requirements for site development:
Drinking Water –
Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15
service connections per day for at least 60 days per year is classified as a Public Water
System (PWS).
x
A Public Water System application and a New Source Approval application are
required and must be submitted to the MCESD’s Drinking Water Program. A water
quality analysis report will be required with submittal and is good within one-year of
testing.
An Approval to Construct application is required to be submitted to the MCESD’s Treatment
Program for all water treatment facilities.
x
For questions, please contact the Water/Wastewater Treatment Program at (602)
372-2861 or email treatmentplantprogram@maricopa.gov
An Approval to Construct application is required to be submitted to the MCESD’s
Subdivision & Infrastructure Program for all water system infrastructure.
x
For questions, please contact the Subdivision and Infrastructure Program at (602)
506-1058 or email subdivision@maricopa.gov
For additional Drinking Water related questions, please contact the Drinking Water program
at (602) 506-6935 or by email at sdwquestions@maricopa.gov.
Project Name: 310 Dust Control, LLC
Primary Contact Name: James
Cantelme
Planning Application Type: Zone Change
with Overlay
APN(s): 202-12-015A+
Reviewer: Ryan Hall, P.E.
Email: Ryan.Hall@maricopa.gov
Phone: 602-918-1241
Planner Name: Martin Martell
Planning Case #: Z240002
Date: July 17, 2024
Water and Waste Management Division
Page | 2
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic)
system is required for any construction. Application must be submitted to the MCESD
Onsite Wastewater Program.
x
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
Setback requirements must be maintained per Arizona Administrative Code, Title 18,
Chapter 9, Article 312, C (Features Requiring Setbacks).
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Treatment –
An Approval to Construct application is required to be submitted to the Water/Wastewater
Treatment Program for all wastewater treatment facilities.
An Aquifer Protection Permit (APP) is required for all new wastewater treatment facilities or
existing wastewater treatment facilities being modified. The Arizona Department of
Environmental Quality (ADEQ) reviews, approves and issues APPs.
x
Please contact ADEQ’s Groundwater Protection Program at (602) 771-4999 or email
azpdes@azdeq.gov for additional information about this requirement.
For treatment related questions, please contact the Water/Wastewater Treatment Program
at (602) 372-2861 or email treatmentplantprogram@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.
Page 1 of 2
James Philbin, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-4362
www.maricopa.gov/planning
Email address:
james.philbin@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
August 20, 2024
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Martin Martell, Planner, Planning & Development Services
From:
James Philbin, P.E., Plans Examiner Engineer, Planning &
Development Services
cc:
Bob Fedorka, P.E., Engineering Manager, Planning & Development
Subject:
Z240004 - Zone Change (RU-43 to IND-3 IUPD)
(E1a Memo)
Job Site Address: 48126 N Black Canyon Hwy, New River, AZ 85087
APN(s):
202-12-015A, 202-12-017, 202-12-078 and 202-12-083A
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the Zone Change application routed for review on July 08, 2024, and
has no objections subject to the following conditions:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed building
lots/units, 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. Black Canyon Highway is a MCDOT maintained roadway, any additional
dedication and offsite improvement requirements will be determined by MCDOT
Traffic
based
on
a
submitted
TIA/TIS
to
Permit
Center
at
https://www.maricopa.gov/6003/Maricopa-Countys-New-Permit-Center .
3. The perimeter mid-section line alignments of the proposed development
requires the setback line to start from a future half street Right-of-Way of 40-feet
per the Maricopa County Zoning Ordinance Section 11-05.
4. There are Federal Patent Easements within the parcel. No encroachments are
allowed within the area unless abandoned.
x
Applicant must contact MCDOT for further interest in the Patent Easement
Abandonment Process.
Page 2 of 2
x
The applicant does not need to abandon the Patent Easement to dedicate
Right-of-Way to MCDOT.
5. The above comments do not include identification of utilities or underground
facilities within or adjacent to the required right-of-way that may have prior rights
and/or require relocation.
6. Applicant to notify ADOT of proposed project through the Red Letter Process,
RedLetter@azdot.gov, due to the proximity to the I-17.
7. Engineering review of re-zone cases is conceptual in nature. 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.
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DATE:
November 7, 2024
TO:
Planning & Zoning Commission
From:
Martin Martell, Planner
SUBJECT:
Z240002 – 310 Dust Control, LLC
Agenda Item: #4
Since the publishing of the staff report, staff received three support letters from the public. The
support letters mention that this site’s location is appropriate for nonresidential land uses.
Attachments:
Support Letters (3 pages)
David J. Cantelme
3351 E. Cloud Road
Cave Creek, Arizona 85331
October 11, 2024
Mr. Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Re:
Case # Z24000 – NWC of I-17 Frontage Road & W. New River Road –
Rezone to IND-2 IUPD
Dear Mr. Martell:
I write to support the proposed rezoning of a parcel of property located on the NWC
of I-17 Frontage Road/N. Black Canyon Freeway & W. New River Road. I support the
rezone of this parcel from RU-43 to IND-2 IUPD. This particular address has been
operating as a nonresidential use for many years. The property is located next to the I-17
freeway and to a self-storage facility. The location next to I-17, with attendant noise and
vehicle emissions, limits the use of the property. It makes for a prime location for the
proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look for to seeing this rezone
move forward.
Very truly yours,
David J. Cantelme
cc.
James Cantelme
Docusign Envelope ID: F3B307BC-4E70-4616-B47A-279073078923
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ƚŚŝƐƉĂƌĐĞůĨƌŽŵZhͲϰϯƚŽ/EͲϮ/hW͘ dŚŝƐƉĂƌƚŝĐƵůĂƌĂĚĚƌĞƐƐŚĂƐďĞĞŶŽƉĞƌĂƚŝŶŐĂƐĂŶŽŶƌĞƐŝĚĞŶƚŝĂůƵƐĞ
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ŵĂŬĞƐĨŽƌĂƉƌŝŵĞůŽĐĂƚŝŽŶĨŽƌƚŚĞƉƌŽƉŽƐĞĚ/EͲϮ/hWnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͘
dŚĂŶŬLJŽƵĨŽƌLJŽƵƌĂƚƚĞŶƚŝŽŶǁŝƚŚƚŚŝƐŵĂƚƚĞƌ͕ ĂŶĚ/ůŽŽŬĨŽƌƚŽƐĞĞŝŶŐƚŚŝƐƌĞnjŽŶĞŵŽǀĞĨŽƌǁĂƌĚ͘
^ŝŶĐĞƌĞůLJ͕
EĂŵĞ͗
1264 Bainbridge Ln, Chino Valley AZ 86323
ĚĚƌĞƐƐ͗
DATE:
November 7, 2024
TO:
Planning & Zoning Commission
From:
Martin Martell, Planner
SUBJECT:
Z240002 – 310 Dust Control
Agenda Item: #4
Since the writing of the staff report for this agenda item, staff received 40 letters of support for
this request from area residents. Most of the support letters mention that this proposal is
supportable because this site has been operating with non-residential land uses for many years
and is next to a freeway making industrial zoning on this site appropriate. The support letters are
attached.
Attachments:
Support Letters (57 pages)
DĂƌƚŝŶDĂƌƚĞůů
DĂƌŝĐŽƉĂŽƵŶƚLJ
WůĂŶŶŝŶŐΘĞǀĞůŽƉŵĞŶƚ
ϯϬϭt:ĞĨĨĞƌƐŽŶ^ƚƌĞĞƚ
WŚŽĞŶŝdž͕ ϴϱϬϬϯ
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ĞĂƌDĂƌƚŝŶ͕
/ĂŵǁƌŝƚŝŶŐƚŚŝƐůĞƚƚĞƌŝŶƌĞŐĂƌĚƚŽƚŚĞƉƌŽƉŽƐĞĚƌĞnjŽŶĞůŽĐĂƚĞĚŽŶƚŚĞEtŽĨ/Ͳϭϳ&ƌŽŶƚĂŐĞZŽĂĚͬ E
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ƚŚŝƐƉĂƌĐĞůĨƌŽŵZhͲϰϯƚŽ/EͲϮ/hW͘ dŚŝƐƉĂƌƚŝĐƵůĂƌĂĚĚƌĞƐƐŚĂƐďĞĞŶŽƉĞƌĂƚŝŶŐĂƐĂŶŽŶƌĞƐŝĚĞŶƚŝĂůƵƐĞ
ĨŽƌŵĂŶLJLJĞĂƌƐ͘ tŝƚŚƚŚĞůŽĐĂƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚLJďĞŝŶŐŶĞdžƚƚŽĂĨƌĞĞǁĂLJĂŶĚĂƐĞůĨͲƐƚŽƌĂŐĞĨĂĐŝůŝƚLJ͕
ŵĂŬĞƐĨŽƌĂƉƌŝŵĞůŽĐĂƚŝŽŶĨŽƌƚŚĞƉƌŽƉŽƐĞĚ/EͲϮ/hWnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͘
dŚĂŶŬLJŽƵĨŽƌLJŽƵƌĂƚƚĞŶƚŝŽŶǁŝƚŚƚŚŝƐŵĂƚƚĞƌ͕ ĂŶĚ/ůŽŽŬĨŽƌǁĂƌĚƚŽƐĞĞŝŶŐƚŚŝƐƌĞnjŽŶĞŵŽǀĞĨŽƌǁĂƌĚ͘
^ŝŶĐĞƌĞůLJ͕
EĂŵĞ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
ĚĚƌĞƐƐ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: _______________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: ___________________________
Address: ___________________________________________
David J. Cantelme
3351 E. Cloud Road
Cave Creek, Arizona 85331
October 11, 2024
Mr. Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Re:
Case # Z240004 – NWC of I-17 Frontage Road & W. New River Road –
Rezone to IND-2 IUPD
Dear Mr. Martell:
I write to support the proposed rezoning of a parcel of property located on the NWC
of I-17 Frontage Road/N. Black Canyon Freeway & W. New River Road. I support the
rezone of this parcel from RU-43 to IND-2 IUPD. This particular address has been
operating as a nonresidential use for many years. The property is located next to the I-17
freeway and to a self-storage facility. The location next to I-17, with attendant noise and
vehicle emissions, limits the use of the property. It makes for a prime location for the
proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look for to seeing this rezone
move forward.
Very truly yours,
David J. Cantelme
cc.
James Cantelme
DĂƌƚŝŶDĂƌƚĞůů
DĂƌŝĐŽƉĂŽƵŶƚLJ
WůĂŶŶŝŶŐΘĞǀĞůŽƉŵĞŶƚ
ϯϬϭt:ĞĨĨĞƌƐŽŶ^ƚƌĞĞƚ
WŚŽĞŶŝdž͕ ϴϱϬϬϯ
Z ͗ ĂƐĞηϮϰϬϬϬϰʹEtŽĨ/Ͳϭϳ&ƌŽŶƚĂŐĞZŽĂĚΘtEĞǁZŝǀĞƌZŽĂĚʹZĞnjŽŶĞƚŽ/EͲϮ/hW
ĞĂƌDĂƌƚŝŶ͕
/ĂŵǁƌŝƚŝŶŐƚŚŝƐůĞƚƚĞƌŝŶƌĞŐĂƌĚƚŽƚŚĞƉƌŽƉŽƐĞĚƌĞnjŽŶĞůŽĐĂƚĞĚŽŶƚŚĞEtŽĨ/Ͳϭϳ&ƌŽŶƚĂŐĞZŽĂĚͬ E
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ƚŚŝƐƉĂƌĐĞůĨƌŽŵZhͲϰϯƚŽ/EͲϮ/hW͘ dŚŝƐƉĂƌƚŝĐƵůĂƌĂĚĚƌĞƐƐŚĂƐďĞĞŶŽƉĞƌĂƚŝŶŐĂƐĂŶŽŶƌĞƐŝĚĞŶƚŝĂůƵƐĞ
ĨŽƌŵĂŶLJLJĞĂƌƐ͘ tŝƚŚƚŚĞůŽĐĂƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚLJďĞŝŶŐŶĞdžƚƚŽĂĨƌĞĞǁĂLJĂŶĚĂƐĞůĨͲƐƚŽƌĂŐĞĨĂĐŝůŝƚLJ͕
ŵĂŬĞƐĨŽƌĂƉƌŝŵĞůŽĐĂƚŝŽŶĨŽƌƚŚĞƉƌŽƉŽƐĞĚ/EͲϮ/hWnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͘
dŚĂŶŬLJŽƵĨŽƌLJŽƵƌĂƚƚĞŶƚŝŽŶǁŝƚŚƚŚŝƐŵĂƚƚĞƌ͕ ĂŶĚ/ůŽŽŬĨŽƌǁĂƌĚƚŽƐĞĞŝŶŐƚŚŝƐƌĞnjŽŶĞŵŽǀĞĨŽƌǁĂƌĚ͘
^ŝŶĐĞƌĞůLJ͕
EĂŵĞ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
ĚĚƌĞƐƐ͗ ͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺͺ
DĂƌƚŝŶDĂƌƚĞůů
DĂƌŝĐŽƉĂŽƵŶƚLJ
WůĂŶŶŝŶŐΘĞǀĞůŽƉŵĞŶƚ
ϯϬϭt:ĞĨĨĞƌƐŽŶ^ƚƌĞĞƚ
WŚŽĞŶŝdž͕ ϴϱϬϬϯ
ĂƚĞ͗ ϭϬͬ ϯϬͬ ϮϬϮϰ
Z ͗ ĂƐĞηϮϰϬϬϬϰʹEtŽĨ/Ͳϭϳ&ƌŽŶƚĂŐĞZŽĂĚΘtEĞǁZŝǀĞƌZŽĂĚʹZĞnjŽŶĞƚŽ/EͲϮ/hW
ĞĂƌDĂƌƚŝŶ͕
/ĂŵǁƌŝƚŝŶŐƚŚŝƐůĞƚƚĞƌŝŶƌĞŐĂƌĚƚŽƚŚĞƉƌŽƉŽƐĞĚƌĞnjŽŶĞůŽĐĂƚĞĚŽŶƚŚĞEtŽĨ/Ͳϭϳ&ƌŽŶƚĂŐĞZŽĂĚͬ E
ůĂĐŬĂŶLJŽŶ&ƌĞĞǁĂLJΘtEĞǁZŝǀĞƌZŽĂĚ͘ /ǁĂŶƚĞĚƚŽĞdžƉƌĞƐƐŵLJůĞƚƚĞƌŽĨƐƵƉƉŽƌƚĨŽƌƚŚĞƌĞnjŽŶŝŶŐŽĨ
ƚŚŝƐƉĂƌĐĞůĨƌŽŵZhͲϰϯƚŽ/EͲϮ/hW͘ dŚŝƐƉĂƌƚŝĐƵůĂƌĂĚĚƌĞƐƐŚĂƐďĞĞŶŽƉĞƌĂƚŝŶŐĂƐĂŶŽŶƌĞƐŝĚĞŶƚŝĂůƵƐĞ
ĨŽƌŵĂŶLJLJĞĂƌƐ͘ tŝƚŚƚŚĞůŽĐĂƚŝŽŶŽĨƚŚĞƉƌŽƉĞƌƚLJďĞŝŶŐŶĞdžƚƚŽĂĨƌĞĞǁĂLJĂŶĚĂƐĞůĨͲƐƚŽƌĂŐĞĨĂĐŝůŝƚLJ͕
ŵĂŬĞƐĨŽƌĂƉƌŝŵĞůŽĐĂƚŝŽŶĨŽƌƚŚĞƉƌŽƉŽƐĞĚ/EͲϮ/hWnjŽŶŝŶŐĚŝƐƚƌŝĐƚ͘
dŚĂŶŬLJŽƵĨŽƌLJŽƵƌĂƚƚĞŶƚŝŽŶǁŝƚŚƚŚŝƐŵĂƚƚĞƌ͕ ĂŶĚ/ůŽŽŬĨŽƌǁĂƌĚƚŽƐĞĞŝŶŐƚŚŝƐƌĞnjŽŶĞŵŽǀĞĨŽƌǁĂƌĚ͘
^ŝŶĐĞƌĞůLJ͕
EĂŵĞ͗ 'ƌĞĞƌLJŬĞƐ
ĚĚƌĞƐƐ͗ ϯϵϴϯϬEϯƌĚ^ƚƌĞĞƚ͕ ĞƐĞƌƚ,ŝůůƐ͕ ϴϱϬϴϲ
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: 10/30/24
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: Hannah Seminerio
Address:
2417 W White Spar Road
New River AZ 85087
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: 30 October 2024
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: Jaime Pinnix
Address: 47824 N Kelly Rd New River, AZ 85087
erely,
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: __10/18/2024_________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC ofI-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezone of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look for to seeing this rezone move forward.
Sincerely,
Name: ___________________________
Address: ___________________________________________
John Norbut
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: _____10/29/24 __________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: _________Marcos Serna__________________
Address: _46135 N Black Canyon Hwy New River Az
85087__________________________________________
MichaelWendtland,P.E.
POBox7528
CaveCreek,AZ85327
(480)235Ͳ6800
mwnedtland@rhsaz.com
MartinMartell
MaricopaCounty
Planning&Development
301WJeffersonStreet
Phoenix,AZ85003
RE:Case#Z240004–NWCofIͲ17FrontageRoad&WNewRiverRoad–RezonetoINDͲ2IUPD
DearMr.Martell:
IamwritingthislettertosupporttheproposedrezoninglocatedontheNWCofIͲ17FrontageRoad/N
BlackCanyonFreeway&WNewRiverRoad.For310DustControl.Iwantedtoexpressmysupportfor
therezoningofthisparcelfromRUͲ43toINDͲ2IUPD.Thisparticularaddresshasbeenoperatingasa
nonresidentialuseformanyyears.WiththelocationofthepropertybeingnexttoafreewayandaselfͲ
storagefacility,itmakesforaprimelocationfortheproposedINDͲ2IUPDzoningdistrict.Basedon
compatibilitywiththeadjacentlanduses.
AsalandownerintheNewRiverareawhoholdsmultipleparcels,Iviewtheservicesprovidedby310
DustControlasessentialtothecommunity,asmanyofthewellsarebecomingunreliable.310needs
localaccesstocommerciallandtoprovidethefollowingservicesthatweuseonaregularbasis:
x
Deliveryofpotablewater.
x
Dustcontrolduringcontrolduringgradingoperations.
x
Portablerestrooms.
Thankyouforyourconsideration.310DustControlisalocalbusinessthatneedsthisrezoningto
operateeffectively.Ilookforwardtoseeingthisrezoningcasemoveforward.
Sincerely,
MichaelWendtland,P.E.
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: _______________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: ___________________________
Address: ___________________________________________
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: __10-29-2024_____________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: _Russell Longo__________________________
Address: _36915 Nth 11th ave ph az. 85086__________________________________________
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: _______________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: ___________________________
Address: ___________________________________________
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: 11.05.24
RE: Case# 2240004- NWC of 1-17 Frontage Road & W New River Road- Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of 1-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Address: 36507 N 10th St., Phoenix, AZ 85086
Martin Martell
Maricopa Cbunty
Aanning & Development
301WJ3ffera>n S:reet
Rtoenix, p,;z85003
Date: 11.05.24
FE: Case#Z'240004-NVVCof1-17 R'ontage R>ad & WNeN Rver R>ad-Rm>neto IND-2 IUA)
Dear Martin,
I am writing thisletter in regard to theproposed re20ne located on the NWCof 1-17 R'ontage R>ad/ N
Back Qmyon R'eeway & WNevv Rver R>ad. I wanted to expressmy letter of support for the rezoning of
thisparrel from RJ-43 to IND-2 IUAJ. Thispartia.Jlar address hasbeen operating asanonresidential use
for many years. With the location of the property being next to afreewaJ and aself-storage facility,
makesfor aprime location for theproposed IND-2IUR)zoning district.
Thank you for your attention with thismatter, and I look forward to seeing thisrezone move forward.
Snrerely,
Name: A'
S
8
Address: 42104 N Venture D, Suite C-1008, Anthem, AZ 85086
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: _______________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: ___________________________
Address: ___________________________________________
Martin Martell
Maricopa County
Planning & Development
301 W Jefferson Street
Phoenix, AZ 85003
Date: _______________
RE: Case # Z240004 – NWC of I-17 Frontage Road & W New River Road– Rezone to IND-2 IUPD
Dear Martin,
I am writing this letter in regard to the proposed rezone located on the NWC of I-17 Frontage Road/N
Black Canyon Freeway & W New River Road. I wanted to express my letter of support for the rezoning of
this parcel from RU-43 to IND-2 IUPD. This particular address has been operating as a nonresidential use
for many years. With the location of the property being next to a freeway and a self-storage facility,
makes for a prime location for the proposed IND-2 IUPD zoning district.
Thank you for your attention with this matter, and I look forward to seeing this rezone move forward.
Sincerely,
Name: ___________________________
Address: ___________________________________________