11.Z260017 PZ Staff Report
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Z260017 Page 1 of 11 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z260017 – 67th Ave Rezone Hearing Date: June 11, 2026 Supervisor District: 5 Applicant: Kurt Waldier, Gilbert and Blilie PLLC Owner: Moe Lathgani Request: Zone Change from Rural-43 to IND-3 IUPD for a billboard Site Location: Generally located 1,320’ north of the northwest corner of 67th Ave. and Southern Ave. Site Size: Approximately 2.79 acres Density: N/A County Island: Yes (City of Phoenix) County Plan: Rural Development Area (RDA) Municipal Plan: City of Phoenix – Parks/Open Space – Publicly Owned Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z260017 Page 2 of 11 Project Summary: 1. The applicant, Kurt Waldier, Gilbert and Blilie PLLC, is requesting a zone change from Rural-43 to IND-3 IUPD without a Plan of Development (POD) to allow for future construction of a static billboard. The subject site is approximately 2.79 acres of vacant land that is located entirely within a FEMA designated floodway where development is severely restricted. It is adjacent to property owned by the Maricopa County Flood Control district to the south, and Salt River Pima-Maricopa Indian Community to the east. The applicant is seeking two deviations from the base IND-3 zoning district standards. The first is to permit a 450’ separation from an existing billboard where 1,000’ is the minimum distance required. The second is a 50’ setback from residential zoning where 100’ is the minimum required for static billboards. The proposed billboard land use will not require utilities, and there are no utilities being proposed with the billboard development as illuminated or digital billboards are only allowed within 300’ of a freeway. 2. The following table contrasts development standards of the proposed IND-3 IUPD with the base zoning district. Note that many of the standards will not apply to the proposed billboards (minimum building setbacks, minimum parking, minimum screening, etc.). REGULATION IND-3 PROPOSED IND-3 IUPD Billboard Height - Static billboards located greater than 300 feet from the vertical edge of the sign face closest to the edge of a pavement for an existing freeway travel lane 30' 30’ Minimum Front Setback * 10' 20’ Minimum Side Setback * 10' 10’ 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 Sign Face 300’ 300’ Billboard Separation Distance When either an existing or proposed static or digital billboard is located fewer than 3 miles from the boundary of any incorporated city or town, it shall maintain a radial separation distance from any other static or digital of 1,000 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is When either an existing or proposed static or digital billboard is located fewer than 3 miles from the boundary of any incorporated city or town, it shall maintain a radial separation distance from any other static or digital of 450 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Z260017 Page 3 of 11 * Not required for billboards. being measured. Measurement shall not cross any freeway. Measurement shall not cross any freeway. Billboard Setback Requirements No billboard shall be erected located within 100 feet of any residential zoning district boundary or a parcel boundary of a residential use in a rural zoning district, whether or not separated by a public right-of-way. This shall be measured from the vertical edge of the sign face closest to the zoning district boundary line of a residential zoning district. No billboard shall be erected located within 50 feet of any residential zoning district boundary or a parcel boundary of a residential use in a rural zoning district, whether or not separated by a public right-of-way. This shall be measured from the vertical edge of the sign face closest to the zoning district boundary line of a residential zoning district. Billboard Setback Requirements No billboard shall be located within 500 feet from the vertical edge of the sign face closest to the parcel/lot line of any park, school or roadside rest area. No billboard shall be located within 500 feet from the vertical edge of the sign face closest to the parcel/lot line of any park, school or roadside rest area. Z260017 Page 4 of 11 Aerial photo of subject site Aerial image & surrounding environs Z260017 Page 5 of 11 Southeast corner looking south. Southeast looking north Z260017 Page 6 of 11 Site Plan Elevation Detail Z260017 Page 7 of 11 Flood Map Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: Rural-43 / Vacant North: Rural-43 / Vacant South: Rural-43 / Vacant East: IND-3 / Vacant West: Rural-43 / Commercial vehicles Zoning District map Utilities and Services: Z260017 Page 8 of 11 4. Water: N/A Wastewater: N/A School District: Laveen Elementary School District, Phoenix Union High School District Fire: Laveen Fire District Police: Maricopa County Sheriff’s Office Right-of-Way: 5. 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 67th Ave 14’ 55’ Minor Arterial Adopted Plans: 6. Maricopa County – Framework 2040 (May 20, 2026): The default land use designation for the subject site is Rural Development Area (RDA). However, staff notes that there is a significant industrial characteristic to the local area. Per the framework, the subject site is within an Area of Municipal Influence, City of Phoenix, but is part of the Rural Service Area because of its land use designation of parks/open space. Rural industrial land uses that do not require infrastructure such as billboards are deemed acceptable. 7. City of Phoenix – PlanPHX – 2025 General Plan (April 17, 2024): The subject site is designated as Parks/Open Space – Publicly Owned. This land use category denotes areas that are intended for recreation, environmental preservation, and natural hydrologic systems. Public Participation Summary: 8. The applicant has complied with all minimum posting and notice requirements and has thus far received no opposition or comments. Outstanding Concerns from Reviewing Agencies: 9. One comment was received from the Arizona State Historic Preservation Office (AZSHPO) with guidelines on how to deal with human remains or funerary objects during the construction phase. Staff Analysis: 10. Staff supports the proposed rezoning. The subject site is in an area that is predominantly industrial, and its development options are restricted due FEMA designated floodway. The request for setback relief from residential zoning is triggered by the parcel located to the south of the subject site which is zoned Rural-43 and vacant. This parcel’s zoning is anomalous as it is surrounded by industrial uses and zoning, and it is unlikely to ever develop particularly for residential since it is sub-standard in terms of lot width for both Rural-43 and IND-3 zoning. The parcel is owned by the Flood Control District (FCD), who did not provide a comment or statement to this application. Moving the development further north and away from FCD’s parcel would push development into closer proximity with a second parcel that is zoned Rural-43 and would require greater setback relief than the 50’ requested by the applicant. Additionally, because the subject Z260017 Page 9 of 11 site located at the edge of the City of Phoenix’s land use designation of Parks/Open Space, moving the location further south into closer proximity to the existing billboard would preserve the intent of this designation as much as possible given existing conditions of the area. Closer proximity of the existing and proposed billboard would bring more uniformity to the existing industrial character of the area. 11. Although the subject site’s land use is designated as Parks/Open Space, the City of Phoenix did not provide a comment or response to notice of the application. At the time of the application submittal, Maricopa County’s adopted comprehensive plan was Vision 2030. The applicant the rezoning supported Land Use Policy 27 which states: Maricopa County supports keeping development out of delineated floodways and, where necessary, 100-year floodplains. Billboard development is an allowed use within a FEMA designated floodway, and its development would preserve much of the subject site. The applicant has also indicated that this would support Environmental Policy #8 which states: Maricopa County supports flexible zoning techniques when used to keep new development below the 15% hillside slope and to protect riparian areas. This would be achieved by limiting entitled use of the property to a single billboard. Staff notes that Framework 2040 is not the governing county plan. Maricopa County’s new framework does deem appropriate industrial land uses within rural developments if there is no need for infrastructure. Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z260017 subject to the following conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “67th Ave Rezone“, consisting of 1 page stamped received May 8, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. b. Development of the site shall be in substantial conformance with the narrative report entitled “67th Ave Rezone“, consisting of 4 pages stamped received May 8, 2026, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. c. The following IND-3 IUPD standards shall apply: 1. Billboard Separation Distance: When either an existing or proposed static or digital billboard is located fewer than 3 miles from the boundary of any incorporated city or town, it shall maintain a radial separation distance from any other static or digital of 450 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Measurement shall not cross any freeway 2. Billboard Setback Requirements: No billboard shall be erected located within 50 feet of any residential zoning district boundary or a parcel boundary of a residential use in a rural zoning district, whether or not separated by a public right-of-way. This shall be measured from the vertical edge of the sign face closest to the zoning district boundary line of a residential zoning district 3. Entitled Uses: Development is limited to a single billboard. No other land uses are permitted until such time there are utilities to serve the property. Any other uses on the site shall require a zone change major amendment. Z260017 Page 10 of 11 d. 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 e. The following Engineering conditions shall apply: 1. From Section 501 of the Floodplain Regulations, a billboard is an allowable use withing FEMA Zone AE Floodway. Refer to Section 602.A (General Requirements) of the Floodplain Regulations for development and application requirements for final building permits. An engineering analysis for the development in the floodway must be conducted and a No-rise Certification provided prior to building permit issuance 2. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 905 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. 3. 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 site’s drainage infrastructure. 4. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. f. The following Maricopa County Department of Transportation conditions shall apply: 1. 67th Avenue is classified as an urban minor arterial requiring fee dedication of a 55-foot half street from the center line per the Maricopa County Zoning Ordinance Section 804. a. It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. b. Applicant is required to provide, at applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. c. Dedication shall be completed by time of permit approval. 2. 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. Z260017 Page 11 of 11 3. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. a. if a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. 4. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the Loop 202 and the future SR-30. 5. Applicant to contact the City of Phoenix to connect to the eastern half of 67th Avenue. g. 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. 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 (1 page) Narrative (4 pages) Engineering Memo (1 page) MCDOT Memo (1 page) AZSHPO Correspondence (1 pages) / Maricopa County Planning & Development - Phoenix, AZ 5 Gross Acres: 3 approx. Generated May 13, 2026 11:59 AM Z260017 Application Name: Legal Description 67th Ave Rezone Applicant Case Address 1N-1E-25 Kurt Waldier 5606 S 67TH AVE LAVEEN, AZ 85339 Applicant Phone/Email Parcel Primary:104-71-007C 4804293061 LAVEEN, AZ 85339 Map scale 1:1,813 Supervisor District No. Rezone property to IND-3 with IUPD Overlay to allow billboard 67TH AVE BROADWAY AVE 75TH AVE SOUTHERN AVE 75TH AVE Project Site VICINITY MAP 67TH AVE REZONE Zoning Case #Z260017 N CITY OF PHOENIX 67TH AVE 67TH AVE SECTION 30 SECTION 25 771.36’ 771.36’ DISTNACE TO EXISTING BILLBOARD: 508’ APPROX. DISTNACE TO EXISTING BILLBOARD: 508’ APPROX. 55’ 55’ Project Narrative for 67th Ave Rezone Located Approx. 1,500 feet North of the NWC of 67th Ave and Southern Ave Zone Change Request from RU-43 to IND-3 IUPD Zone Change #Z260017 First Submittal: Second Submittal: April 6, 2026 May 6, 2026 Submitted by: Gilbert Blilie PLLC 701 N 44th St Phoenix, AZ 85008 480.429.3002 Contact: Paul Gilbert Page 2 Purpose of Request Gilbert Blilie, on behalf of Moe Lathgani, has submitted a zone change with overlay application for a 2.8-acre property located approximately 1,500 feet north of the northwest corner of 67th Avenue and Southern Avenue, APN 104-71-007C. The property is currently vacant and sits largely within the Salt River floodway. The purpose of this request is to rezone the property from RU-43 to IND-3 with an Industrial Unit Plan of Development (IUPD) to allow and permit the installation of a potential billboard on the property. Description of Proposal The approval of this request will allow the future installation of a 30-foot billboard on the property. The IUPD overlay is proposed to reduce the separation distance from another billboard in the vicinity. The property is severely encumbered by the Salt River floodway that covers over 95% of the site. Additionally, the current land uses between Southern Avenue and the Salt River are entirely industrial, including semitruck and cargo storage lots (south and west) and mining extraction uses (north and east). Unfortunately, the subject property’s location largely within the Salt River floodway, with the only exception being approximately 4,000 square feet in the southwest corner of the site, restricts nearly all viable uses of the property. One of the few viable options available is the installation of a billboard. However, there is an existing billboard erected approximately 450 feet south on the property owned by the Salt River Pima-Maricopa Indian Community. For this reason, this application for the IUPD overlay is requesting to reduce the separation distance of billboards (located fewer than 3 miles from the boundary of any incorporated City of Town) from 1,000 feet to 450 feet per Article 1103.3.1. of the Maricopa County Zoning Ordinance. Relationship to Surrounding Properties On-site: Undeveloped land largely within the Salt River floodway with RU-43 zoning. North: Undeveloped land within the Salt River floodway owned by California Portland Cement Company and zoned RU-43. South: Undeveloped land within the Salt River floodway owned by the Flood Control District of Maricopa County and zoned RU-43, as well as heavy industrial storage uses further south to Southern Avenue that contain IND-3 zoning. East: Undeveloped land within the Salt River floodway, along with an active mining operation owned by the Salt River Pima-Maricopa Indian Community and zoned IND-3. West: Industrial storage of Conex boxes and semitrucks, but zoned RU-43 and IND-3. This proposal will rezone the property to IND-3 IUPD, which will be consistent with the zoning and uses of the surrounding area. It will also permit a viable, economical use of the property. Page 3 Location, Accessibility, and Circulation The property will not be regularly accessed. Any temporary access necessary for the installation and maintenance of the billboard will be provided directly from 67th Avenue. Public Utilities The installation of a billboard on the property will not necessitate the extension or connection to any public utilities. The future developer will coordinate with SRP in the future if a digital billboard is proposed. Development Standards The development standards for this proposed project will comply with all requirements in the IND-3 Zoning District, as well as the Floodplain Regulations for Maricopa County, with the following exception to Article 1103.3.1. noted below: Development Standard IND-3 IND-3 IUPD Separation Distance (Article 1103.3.1.1.A.ii) When either an existing or proposed static or digital billboard is located fewer than 3 miles from the boundary of any incorporated city or town, it shall maintain a radial separation distance from any other static or digital of 1,000 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Measurement shall not cross any freeway. When either an existing or proposed static or digital billboard is located fewer than 3 miles from the boundary of any incorporated city or town, it shall maintain a radial separation distance from any other static or digital billboard of 450 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Measurement shall not cross any freeway. Setback Requirement (Article 1103.3.1.2.A) No billboard shall be erected located within 100 feet of any residential zoning district boundary or a parcel boundary of a residential use in a rural zoning district, whether or not separated by a public right-of- way. This shall be measured from the vertical edge of the sign face closest to the zoning district boundary line of a residential zoning district. No billboard shall be erected located within 50 feet of any residential zoning district boundary or a parcel boundary of a residential use in a rural zoning district, whether or not separated by a public right-of- way. This shall be measured from the vertical edge of the sign face closest to the zoning district boundary line of a residential zoning district. Community Facilities and Services The installation of a billboard will not have any impact on community facilities and services. Page 4 Consistency with Comprehensive Plan The proposed rezone from RU-43 to IND-3 IUPD is consistent with the following goals and policies of the Maricopa County Vision 2030 Comprehensive Plan. Land Use Policy #27: Maricopa County supports keeping development out of delineated floodways and, where necessary, 100-year floodplains. The approval of this request for IND-3 IUPD will only permit the installation of a single billboard on the property, preserving the remaining 99% of the land that lies within the Salt River floodway and floodplain in its natural condition. Environmental Policy #8: Maricopa County supports flexible zoning techniques when used to keep new development below the 15% hillside slope and to protect riparian areas. The approval of this request minimizes the potential development within the Salt River floodway and floodplain on the property to a single billboard, protecting riparian areas of the Salt River corridor. Conclusion The property’s location with the Salt River floodway severely limits the viable use of the property. One of the few viable and economical uses of the property is the installation of a billboard. The proposed rezone from RU-43 to IND-3 IUPD is consistent with all of the surrounding uses. The property will continue to remain in compliance with the Floodplain Regulations for Maricopa County, and virtually all other industrial uses will continue to be restricted as long as the property remains within the Salt River floodway. Zachary Kobza, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 723-5248 www.maricopa.gov/planning email address: Zachary.Kobza@maricopa.gov Planning & Development Engineering Plan Review Date: April 28, 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 and Development From: Zachary Kobza, PE, Senior Plans Examiner Engineer, Planning & Development Subject: Z260017 – Rezone property to IND-3 with IUPD Overlay to allow billboard APN(s): 104-71-007C Engineering Review has reviewed the first plan and report routed for review on 04/08/2026, for the subject application and has no comments: The following stipulations will apply: 1. From Section 501 of the Floodplain Regulations, a billboard is an allowable use withing FEMA Zone AE Floodway. Refer to Section 602.A (General Requirements) of the Floodplain Regulations for development and application requirements for final building permits. An engineering analysis for the development in the floodway must be conducted and a No-rise Certification provided prior to building permit issuance. 2. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 905 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. 3. 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 site’s drainage infrastructure. 4. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. Please contact me with any questions. Engineering Division 2901 W. Durango Street Phoenix, Arizona 85009 P: 602.506.4889 F: 602.506.5969 MCDOT Planning TAC Comments Date: 5/5/2026 TAC Assigned Number: Z260017 APN: 104-71-007C Description of Request: Zone Change from RU-43 to IND-3 IUPD for a Billboard Project Name: 67th Ave Rezone Reviewer Contact Information For any questions related to the comments herein please contact MCDOTPlanning@maricopa.gov or 602-506-4619. 1st Submittal Comments • 67th Avenue is classified as an urban minor arterial requiring fee dedication of a 55-foot half street from the center line per the Maricopa County Zoning Ordinance Section 804. o It is the developer's responsibility to determine if the existing right of way is fee simple, if it is not then the developer will need to provide the right of way in said form. o Applicant is required to provide, at applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. o Dedication shall be completed by time of permit approval or after 6 months after BOS Approval if no MCDOT or PND permit is required. • 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. • Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic based on a submitted TIA/TIS and the above roadway classifications. o If a TIA/TIS has been previously submitted, approval is valid for one year. If review for construction is not underway within this time period, MCDOT may request an updated traffic report to assess any changes in condition. • Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the Loop 202 and the future SR-30. • Applicant to contact the City of Phoenix to connect to the eastern half of 67th Avenue. 1 Isaac Perez (PND) From: Kimberley Ryan <kryan@azstateparks.gov> Sent: Thursday, April 30, 2026 11:25 AM To: Isaac Perez (PND) Cc: Subject: Re: SHPO-2026-0417(186288) Maricopa County Zone Change Case Z260017, 67th Avenue Categories: Green Category This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. Good Morning: The site location consists of private land that has been partially surveyed for cultural resources with none documented on the subject property (APN 104-71-007C). Based on the information provided, SHPO has no concerns with the proposed zoning change w/overlay. If, however, human remains or funerary objects are encountered during construction, such findings are are subject to compliance with Arizona Revised Statute 41-865, as administered by the Repatriation Office at the Arizona State Museum. Thank you for consulting with our office. Respectfully, Kim R. Kimberley A. Ryan, M.A. Compliance Specialist / Archaeologist State Historic Preservation Office Please use azshpo@azstateparks.gov to initiate consultation. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 1110 West Washington Street, Suite 100 Phoenix, AZ 85007-2957 Phone: 480-375-8163 Email: kryan@azstateparks.gov Web: http://AZStateParks.com/SHPO