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November 20, 2024 Z2024064 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: November 20, 2024 Case #/Title: Z2024043 – Rittenhouse Commercial Supervisor District: 1 Applicant/Owner: Jessica Sarkissian, Upfront Planning & Entitlements / Gonzalez Andrea Request: Zone change from Rural-43 to C-2 CUPD for commercial uses Site Location: Generally located at the southwest corner of Rittenhouse Road and 196th St. in the Queen Creek area Site Size: Approximately 1.04 acres County Island Status: Yes – Town of Queen Creek Additional Comments: The request is to rezone a 1.04-acre parcel from Rural-43 to C-2 CUPD to allow for the development of a future commercial use. A plan of development (POD) has not been included as part of the zone change, thus a specific commercial use has not identified. The site is part of 10-parcel, 15.77-acre county island in the Town of Queen Creek. The Town designates the subject site as “Neighborhood” which supports residential uses with a range of densities as well as both light and general commercial. The CUPD overlay will specify standards for an illuminated billboard. Although, a billboard is entitled in the C-2 zoning district, for this site a billboard would not meet the minimum separation from a rural/residential zoning district outlined in the ordinance. Regulations Base C-2 Zoning Regulations Proposed C-2 CUPD Zoning Regulations Max. allowed height 40’ 30’ Min. rural/residential zoning district and/or use separation for an illuminated billboard 150’ 47’ Min. rural/residential zoning district and/or use separation for a billboard 100’ 47’ November 20, 2024 Z2024064 Page 2 of 4 The Town of Queen Creek provided an opposition letter and spoke in opposition at the Commission hearing. The Town has concerns with a commercial use being developed due to limited access from Rittenhouse Road. The Town also raised concerns with potential for a billboard which would be prohibited in the Town. Staff also received an opposition petition with four verifiable signatures within 300’ of the subject site. It states concern that commercial zoning will negatively impact their rural community. This opposition triggers a super-majority vote (four affirmative) for C-2 CUPD zoning approval. The trigger is when 20% or more of property owners within a 300’ radius by both number and area have registered opposition. The calculations for Rittenhouse Commercial Rezone are: 43% opposed parcel acreage within 300’ buffer 31% opposed parcel numbers within 300’ buffer Since the Planning and Zoning Commission hearing, staff has received an additional opposition comment from a property owner. The property owner does not reside within the 300’ buffer and does not trigger the super-majority vote. The Commission’s recommendation modified conditions from those in the staff report. After hearing the Town’s testimony and due to proximity to residential uses, the applicant agreed to an additional condition to limit billboard lighting – to shut off between 11pm and sunrise. The commission recommendation was for conditions ‘a’ – ‘i’ but staff is recommending condition ‘j’ as agreed to by the applicant: j. The illuminated billboard shall be turned off by 11 p.m. Commission Recommendation: On 10/24/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2024043 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Rittenhouse Commercial Zoning Exhibit “, consisting of 1 full-size sheet, dated June 25, 2024, and stamped received September 10, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rittenhouse Commercial”, consisting of 8 pages, dated October 2024, and stamped received October 25, 2024, except as modified by the following conditions. November 20, 2024 Z2024064 Page 3 of 4 c. The following C-2 CUPD standard shall apply: 1. Maximum building height: 30 ft. 2. Min. rural/residential zoning district and/or use separation for an illuminated billboard: 47 ft. 3. Min. rural/residential zoning district and/or use separation for a billboard: 47 ft. d. The following Planning Engineering conditions shall apply: 1. Any new site improvements and to establish any new, additional or change in commercial use will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal would require a Grading and Drainage Plan to show conformance to the County Drainage Regulations. 2. E. Rittenhouse Road is within the jurisdiction of the Town of Queen Creek. The applicant will be responsible for coordinating with the Town to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. There is a mid-section line alignment located on the east side of the proposed development requiring building setbacks to start from a future half street of 40- feet per the Maricopa County Zoning Ordinance Section 1105 unless a right-of-way waiver is granted by MCDOT. 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. e. Prior to a precise plan of development approval for the development of a commercial use requiring utilities, not including billboards uses, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the Town of Queen Creek that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre- annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. f. 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 November 20, 2024 Z2024064 Page 4 of 4 service will be provided to the subject site. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. 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. 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 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: Paola Jaramillo, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: Opposition Super Majority Map (1 page) 10/24/24 P&Z Packet (36 pages) 10/24/24 P&Z Handout Memo #1 (7 pages) 10/24/24 P&Z Handout Memo #2 (12 pages) Additional Opposition (1 page) Updated Narrative dated October 2024 (8 pages) Note: 10/24/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. E Manzanita Rd E Fulton Pkwy E Timberline Rd Rittenhouse Rd 304 61 034T 304 61 039E 304 61 038A 304 61 038B 304 61 038C 304 61 038D 304 61 039D 304 62 939 314 10 564 314 10 582 304 61 032U 304 61 039G 304 93 965 304 61 039H 301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601 Document Path: \\gisteam.maricopa.gov\workgroup\patrick.dongarra\PND\OppositionCases\Z2024043\Z2024043.aprx DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form. www.maricopa.gov/planning Maricopa County OET, GIS Division, 10/25/2024 Ü 0 170 85 Feet Opposition and Support Z2024043 Parcel Subject Parcel 300' Buffer Opposition Parcel Supporting Parcel All Opposition Parcels All Supporting Parcels 300' Buffer Interior 300' Buffer Selection Eligible parcels:13 Supporting parcels: 0 Opposition parcels: 4 Supporting parcels sq ft: 0 Opposition parcels sq ft: 149,221 Subject parcels sq ft: 45,627 All area inside the 300' buffer sq ft: 396,070 All area inside the 300' buffer - excluding subject parcel, ROW and excluded parcels sq ft: 350,443 No-response parcels sq ft: 0 Super Majority opposed parcel acres: 43% Super Majority opposed parcel number: 31% Z2024043 Page 1 of 9 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2024043 – Rittenhouse Commercial Hearing Date: October 24, 2024 Supervisor District: 1 Applicant: Jessica Sarkissian, Upfront Planning & Entitlements Owner: Gonzalez Andrea Request: Zone change from Rural-43 to C-2 CUPD for commercial uses Site Location: Generally located at the southwest corner of Rittenhouse Road and 196th St. in the Queen Creek area Site Size: Approximately 1.04 acres Density: N/A County Island: Yes (Queen Creek) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: 2018 Town of Queen Creek General Plan – Neighborhood Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2024043 Page 2 of 9 Project Summary: 1. The applicant is requesting a zone change with overlay from Rural-43 to C-2 CUPD to allow commercial uses on the 1.04 acre parcel. The subject site is located at the southwest corner of Rittenhouse Rd. and 196th St. in the Queen Creek area, also known as Maricopa County Parcel Number (APN) 304-61-039G. The site is designated Rural Development Area outside of any County Area Plan and Neighborhood in the Town of Queen Creek General Plan. The site is part of a 10-parcel county island within the Town of Queen Creek and is surrounded by rural/urban residential and industrial uses to the north of Rittenhouse Rd. the primary access to this site comes from Rittenhouse Road and 196th Street. 2. A plan of development (POD) has not been included as part of this zone change request. The POD will be processed separately once development of the site is finalized. The applicant has proposed the CUPD to deviate standards to a develop a commercial use that is appropriate for the surrounding area. 3. The subject property is currently vacant with shrubs and an a well, that supported a previous single-family residence that was developed on the site from 1999 to 2014 per the Maricopa County Historical Aerials. The site has no permitting or other known history in the past ten years leading up to the current case. There is an existing 24’ ingress/egress easement that traverses the easternmost property (196th Street). 4. Per the submitted project narrative, the applicant is seeking a zone change to accommodate future commercial uses that are more in line with similar surrounding land uses on a major arterial right of way north of the site on Rittenhouse Road. The applicant has stated in the narrative that there are no immediate plans for development on the site, except to establish a static billboard on the northeast position of the property. The applicant is requesting to deviate the separation standard for a billboard to a rural/residential use in order to facilitate the development of a billboard on this site ,the billboard would be required to meet the MCZO Chapter 14 standards , and a Plan of Development would be required prior to obtaining any building permits. Z2024043 Page 3 of 9 2024 Aerial Image Rural-43 Zoning Map Z2024043 Page 4 of 9 5. The development standards and use regulations for the base C-2 zoning district and the proposed CUPD are contrasted on the following page: Regulation Base Zoning District Regulations (C-2) Proposed Zoning Regulations (C-2 CUPD) Height 40’ 30’ Min. Front Yard (Abutting Residential) 25’ 25’ Min. Side Yard 10’ 10’ Min. Street Side Yard 10’ 10’ Min. Rear yard 25’ 25’ Min. Lot Area 6,000 sq ft 6,000 sq ft Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Parking Chapter 11, Section 1102 of MCZO Chapter 11, Section 1102 of MCZO Screening/Buffering 6’ solid masonry wall adjacent to or abutting any rural or residential zoning boundary 6’ solid masonry wall adjacent to or abutting any rural or residential zoning boundary Landscaping 5’ landscaping strip required along road frontages 5’ landscaping strip required along road frontages Sight Visibility Triangles Required. Driveways and Parking not permitted within SVTs Required. Driveways and Parking not permitted within SVTs Min. rural/residential zoning district and/or use separation for an illuminated billboard 150’ 47’ (on the east side) Min. rural/residential zoning district and/or use separation for a billboard 100’ 47’ Permitted Uses Chapter 8, Section 804 of MCZO • One Static, non-illuminated billboard per Chapter 14 of MCZO • Non-residential uses allowed in the C-1 zoning district, except until such time as the site is served by sewer, uses on the site shall be acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. • Uses (including residential) allowed in the Rural-43 zoning district • Accessory buildings and uses customarily incidental to the above permitted uses. Z2024043 Page 5 of 9 6. The applicant is requesting to vary the development standard for the maximum height of 30’ for the development of the site in order to insure the proposed commercial use is low-intensity and is appropriate for the surrounding area. The applicant is also requesting to vary the development standards for the requirement separation distance for a billboard and an illuminated billboard on the east side from a residential rural/residential use; as the site currently would not meet the required separation standard. Existing On-Site and Adjacent Zoning / Land Use: 7. On-site: Rural-43 / Vacant North: Town of Queen Creek / Rittenhouse Rd then vacant land South: Rural 43 / Single-family residence East: Rural-43 / Vacant West: Rural-43 / Single-family residence Utilities and Services: 8. Water: On-site Well Wastewater: On-site Septic School District: Queen Creek Unified School District Fire: Queen Creek Island Fire District Police: Maricopa County Sheriff Right-of-Way: 9. 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 at this time a plan of development (POD) has not been submitted along with a traffic impact study, future half-width right of way will be determined during the POD stage Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Rittenhouse Rd. 40’ TBD Major Arterial 196th St 24’ TBD Minor Collector Timberline Rd. 12’ TBD Minor Arterial Adopted Plan: 10. Town of Queen Creek General Plan (adopted 2018): The Town of Queen Creeks General Plan designates the site as “Neighborhood, which supports residential uses with a range of densities, as well as both light and general commercial uses on properties less than 20 acres and with direct access to an arterial street. Public Participation Summary: 11. The applicant complied with Maricopa County Citizen Review Process, with the required posting of the site and notification by first class mail to adjacent property owners within 300’ of the subject site and interested parties. The applicant submitted a Citizen Participation Results Report. According to the report, the applicant has not received any comments. Z2024043 Page 6 of 9 12. The Town of Queen Creek did not comment on the proposal and staff received no opposition to the request. Outstanding Concerns from Reviewing Agencies: 13. N/A Staff Analysis: 14. The subject site is within the Town of Queen Creek’s planning are which identifies the land use as Neighborhoods in the Town of Queen General Plan 2018. The proposed C-2 CUPD zoning would facilitate some, but probably not all, of the uses desired by the Town Queen Creek. The applicant mentions to develop a billboard on the site, the Town of Queen Creek does not allow permanent off-site signs “an form of remote signage, such as off premises advertising signs or billboards, are prohibited;” (Town of Queen Creeks Zoning Ordinance Article 7.11.B.5). However, without input from Queen Creek staff cannot be certain. Town of Queen Creek Land Use Exhibit Z2024043 Page 7 of 9 Site Relationship to the Town of Queen Creek Aerial 15. The proposed billboard is of concern as the proposed distance to rural/residential zoning district and uses is quite significant from the required 100’ and 150’ for illuminated to 47’. Staff understands the site is within a county island in the Town of Queen Creek. If this county island annexes into Queen Creek in the future with a billboard it will not be in compliance to the Towns Ordinance. The applicant was recommended to contact the Town to obtain written support regarding the proposed use on the site. The applicant does not mention meeting with the Towns staff. The Town of Queen Creek was routed the proposed application, but they have not provided any comments or opposition. 16. Staff recognizes Rittenhouse Road is a major arterial road that connects south Gilbert to downtown Queen Creek. Directly across Rittenhouse Road to the north there are industrial land uses within the Town of Queen Creek, the land uses are in line with the existing commercial, office, and storage facilities that are developing in the community. However, most of the surrounding properties are within the Town of Queen Creek, not in unincorporated Maricopa County. While the subject site may be ready for a higher intensity use staff is of the opinion that annexation and development in Queen Creek is the preferred alternative, especially to obtain services from the town that can support a commercial use. Annexation is encouraged, as highlighted in the Vision 2030 Comprehensive Plan Policy “Urban Solutions for Urban Development.” 17. The applicant does not discuss any plans to annex to the Town of Queen Creek, but they describe a use that is supported by the Town’s General Plan. Also, a low-intensity commercial use would be an adequate transition and/or buffer abutting rural/residential land uses along a major arterial road. Z2024043 Page 8 of 9 18. Staff is supportive of the proposed zone change with overlay, with the recommended conditions, due to the general compatibility a low intensity commercial use would have with the surrounding land use and future development of the area. Recommendation: 19. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2024043 subject to the following conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Rittenhouse Commercial Zoning Exhibit “, consisting of 1 full-size sheet, dated June 25, 2024, and stamped received September 10, 2024, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rittenhouse Commercial”, consisting of 7 pages, dated July 2024, and stamped received September 10, 2024, except as modified by the following conditions. c. The following C-2 CUPD standard shall apply: 1. Maximum building height: 30 ft. 2. Min. rural/residential zoning district and/or use separation for an illuminated billboard on the east: 47 ft. 3. Min. rural/residential zoning district and/or use separation for a billboard: 47 ft. d. The following Planning Engineering conditions shall apply: 1. Any new site improvements and to establish any new, additional or change in commercial use will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal would require a Grading and Drainage Plan to show conformance to the County Drainage Regulations. 2. E. Rittenhouse Road is within the jurisdiction of the Town of Queen Creek. The applicant will be responsible for coordinating with the Town to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. There is a mid-section line alignment located on the east side of the proposed development requiring building setbacks to start from a future half street of 40- feet per the Maricopa County Zoning Ordinance Section 1105 unless a right-of-way waiver is granted by MCDOT. 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. Z2024043 Page 9 of 9 5. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. e. Prior to a precise plan of development approval for the development of a commercial use requiring utilities, not including billboards uses, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Glendale that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre- annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. f. 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 subject site. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. 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. 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 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: Paola Jaramillo, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (7 pages) Engineering comments (4 pages) MCESD comments (2 pages) Maricopa County In Maricopa County: (602) 263-1100 UPFRONT PLANNING & ENTITLEMENTS, LLC 1811 S. ALMA SCHOOL RD, SUITE 283 MESA, ARIZONA 85210 (480) 221-6150 JESSICA SARKISSIAN jessica@upfrontplanning.com Narrative Maricopa County 1 REZONE AND CUPD NARRATIVE FOR RITTENHOUSE COMMERCIAL Z2024043 Submitted to: Maricopa County Planning Department 301 West Jefferson St, Suite 170 Phoenix, AZ 85003 Prepared by: Upfront Planning & Entitlements, LLC Phone: (480) 221-6150 Email: Jessica@upfrontplanning.com September 2024 Narrative Maricopa County 2 1. REQUEST Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a rezone request with a CUPD on approximately 1.05 gross acres southwest corner of Rittenhouse Road and 196th Street in the Queen Creek area. The property is located along Rittenhouse Road and 196th Street and is identified as Maricopa Assessor Parcel Number 304-61-039G (the “Property”). The Property is 1.05 acres. The Property is located within unincorporated Maricopa County (the “County”) and is zoned as RU-43. The property owner requests to rezone the parcel for low intensity commercial uses with access off of Rittenhouse Road. 2. PROPOSAL The property owner requests a rezoning from RU-43 (Rural-43 Residential) to C-2 (Intermediate Commercial) CUPD to allow the site to be used for commercial uses. While the owner is looking into potential uses, no specific user has been determined. The proposal includes a permitted uses table to restrict incompatible uses with the size and shape of the parcel to adjacent uses. 3. RELATIONSHIP TO SURROUNDING PROPERTIES The parcels directly surrounding the property consist of large lot rural residential uses, as well as a vacant property to the east that is owned by the SRP Agricultural Improvement and Power District. The property is bounded by Rittenhouse Road to the north, while the directly surrounding parcels are all located within the County and zoned Rural-43. However, parcels further out from the property are zoned for higher intensity uses. To the south and west are subdivisions in Queen Creek Narrative Maricopa County 3 with R1-7 and R1-9 zoning, respectively. Queen Creek’s zoning ordinance considers these to be urban residential districts that support medium-to-high density development. These may also serve as transitional districts between single-family, multi-family, and nonresidential districts. To the northeast of the property, across Rittenhouse Road and the Railroad, is another subdivision in Queen Creek with R1-18 zoning. This is a suburban residential district that supports low-to-medium density development. Approximately 700’ north of the property is vacant land in Queen Creek that has been zoned EMP-A, an office/industrial park zoning district that supports light manufacturing, business park, and limited retail uses with adequate buffering from surrounding residences. The location of the site directly accessing from Rittenhouse Road makes it an ideal location for limited commercial zoning to help buffer the existing residential interior to the site. Furthermore, limits placed on the types of commercial uses allowed will ensure that the site continues to provide an orderly transition between the surrounding residential uses and the more intense general commercial/ employment uses nearby. The Comprehensive/ General Plan Land Use classifications, along with the existing zoning and uses for the parcels adjacent to the Property, are listed in the following table: Adjacent Land Uses Direction QC General Plan Existing Zoning Existing Use North Industrial and Neighborhood Maricopa County RU-43 / Town of Queen Creek R1-43 Rittenhouse Road & UPRR/ Flood control and vacant East Neighborhood Maricopa County RU-43 SRP Irrigation Land/ Vacant South Neighborhood Maricopa County RU-43 Rural and Urban Residential West Neighborhood Maricopa County RU-43 Rural and Urban Residential The Queen Creek General Plan for this area specifies it as “Neighborhood”. The “Neighborhood” category supports residential uses with a range of densities, as well as both light and general commercial uses on properties less than 20 acres and with direct access to an arterial street which this property is. To the west along Rittenhouse are several multi-family residential projects entitled on the site which have broken ground. Rittenhouse Road is a major thoroughfare in this region connecting south Gilbert to downtown Queen Creek just 1.5 miles south along Rittenhouse Road. Additionally, directly across Rittenhouse Road to the north Industrial land uses in line with the existing commercial, office and storage facilities developing in the community. Multiple industrial developments connecting to the Phoenix Gateway Airport within the City of Mesa have developed and are continuing to develop as the roadway connections in this area have been optimized to get people through this area along Rittenhouse connecting to Sossaman, Power Road, Ellsworth Road and Queen Creek Road. Narrative Maricopa County 4 Queen Creek General Plan Map Maricopa County Zoning Map Narrative Maricopa County 5 Queen Creek Zoning Map 4. ZONING and PROPOSED CUPD DEVELOPMENT STANDARDS The proposed project to rezone the site to Commercial C-2 CUPD zoning will permit the property owners to run a business appropriately following Maricopa County standards. The parcel is located directly adjacent to Rittenhouse Road, a 4-lane lane arterial with a raise median, which is just south of the railroad and the flood control drainage channel making the parcel a prime location for C-2 zoning. The site is located near a mixture of commercial, employment and higher density zoning that is in the process of developing for their higher and more intense uses. Development Standards Development Standards Base C-2 Development Standards Proposed C-2 CUPD Development Standards Front Yard – Abutting residential 25-feet (Adj. to rural/ residential) 25-feet (Adj. to rural/ residential) Side Yard – abutting Residential 10-feet (Adj. to rural/ residential) 10-feet (Adj. to rural/ residential) Street Side Yard – abutting Residential 10-feet (Adj. to rural/ residential) 10-feet (Adj. to rural/ residential) Rear Yard Setback adjacent to Residential 0’ (adj. to commercial) 25 feet (Adj. to rural/ residential) 0’ (adj. to commercial) 25 feet (Adj. to rural/ residential) Max. Building Height 40’ (or 1’ less for each foot closer than 40’ to rural/residential zoning 30’ (or 1’ less for each foot closer than 40’ to rural/residential zoning Site Enclosure and Screening – whether abutting a Rural zoning district or not A 6’ solid wall A 6’ solid wall Minimum rural/ residential zoning district/ residential 150’ 47’ Narrative Maricopa County 6 use separation for illuminated billboard (on east side) Minimum rural/ residential zoning district/ residential use separation for billboard 100’ 47’ Permitted Uses Uses listed per MCZO Chapter •One static, non-illuminated billboard, per MCZO Chapter 14. •Non-residential uses allowed in the C-1 zoning district, except until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water •Uses (including residential) allowed in the Rural-43 zoning district. •Accessory buildings and uses customarily incidental to the above permitted uses Additionally, the following exhibit demonstrates where a billboard may be able to fit if it were proposed on the site per staff’s request. The area in yellow represents the location where a billboard may be able to be placed per MCZO Chapter 14 provided the required setbacks. Narrative Maricopa County 7 5. LOCATION AND ACCESSIBILITY Rittenhouse Road is within Town of Queen Creek jurisdiction. Rittenhouse Road is a designated as a Major Collector Roadway with the Town of Queen Creek. Currently it is developed as 4-lanes with a raised median within 80’ of ROW to the Town’s specifications. There also exists an ingress/egress easement (196th Street), which traverses the easternmost 24’ of the property, providing access to the site (and to nearby residences) from Rittenhouse Road. We will coordinate with the Town to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements needed to continue providing access to the site. This will be coordinated prior to or during review of the Plan of Development. 6. DEVELOPMENT SCHEDULE The applicant anticipates that development plans to expand as soon as the C-2 CUPD zoning is approved. Approval of the rezone would require the owner to file a plan of development (POD) for County review prior to submitting for building permits. 7. COMMUNITY FACILITIES AND SERVICES This project is not anticipated to generate any demand for the school district being of a commercial use. The nearest school is Heritage Academy Charter over 1,600 feet away and the nearest park is located in La Jara Farms over 700’ away. School District Queen Creek Unified School District Water Well Sewer Septic Police Maricopa County Sheriff Fire Queen Creek Island Fire District Electric SRP Natural Gas Southwest Gas Telephone Cox / Century Link Refuse Waste Management 8. CONCLUSION The proposed rezoning will allow the site to utilize vacant land and provide business for the area. The rezoning will allow the parcel to be used at its highest and best use, as depicted within the Maricopa County Comprehensive Plan, and is consistent with the surrounding development in the area, which has already begun developing a mixture of development into the area. Doug Jones, P.E., CFM Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 372-0790 www.maricopa.gov/planning Email address: Doug.Jones@maricopa.gov Planning & Development Engineering Plan Review Date: May 31, 2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Nicholas Schlimm, Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Manager, Planning & Development From: Doug Jones, PE, CFM, Engineering Supervisor, Planning & Development Subject: Z2024043 – Zone Change w/out POD APN(s): 304-61-039G Engineering Review has reviewed the first submittal routed for review on 02/07/2024, for the subject application and has No Objections subject to the following conditions: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal would require a Grading and Drainage Plan to show conformance to the County Drainage Regulations. 2. E. Rittenhouse Road is within the jurisdiction of the Town of Queen Creek. The applicant will be responsible for coordinating with the Town to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. There is a mid-section line alignment located on the east side of the proposed development requiring building setbacks to start from a future half street of 40-feet per the Maricopa County Zoning Ordinance Section 1105 unless a right-of-way waiver is granted by MCDOT (see attached form). 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 5. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Page 2 of 3 Design Manual; and current engineering policies, standards and best practices at the time of application for construction. All plans and reports should be developed and formatted to document that the project is designed to meet all County regulations, ordinances and design standards. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. Please contact me with any questions. DRAINAGE PLAN REVIEW REFERENCES: The Drainage Regulations are listed in Section 1205 of the MCZO: https://www.maricopa.gov/documentcenter/view/272 Maricopa County Drainage Policies and Standards Manual: https://www.maricopa.gov/DocumentCenter/Home/View/2369 For Additional Information See: https://www.maricopa.gov/1635/Drainage-Review FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: https://www.maricopa.gov/DocumentCenter/View/630 For Additional Information See: https://www.maricopa.gov/3847/Flood-Control-District PND TRANSPORTATION REFERENCES: Residential Driveway Guidelines https://www.maricopa.gov/documentcenter/view/362 Roadway Design Manual http://www.mcdot.maricopa.gov/DocumentCenter/View/24883 Maricopa County Resolution for ROW Permits https://www.maricopa.gov/documentcenter/view/364 For Additional Information See: https://www.maricopa.gov/156/MCDOT PND STORMWATER QUALITY (SWPPP) REFERENCES: Storm Water Quality Management and Discharge Control Regulation https://www.maricopa.gov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 Page 3 of 3 https://www.maricopa.gov/DocumentCenter/View/5354 For Additional Information See: https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste Abbreviations Key: Drainage: DD = Department Directive (See: http://www.maricopa.gov/1911/Department- Directives) MCZO = Maricopa County Zoning Ordinance DPSM = Maricopa County Drainage Policies and Standards SSA = State Standard Attachment DDMV1= Maricopa County Drainage Design Manual – Hydrology DDMV2 = Maricopa County Drainage Design Manual – Hydraulics Flood Control: FRMC = Floodplain Regulations for Maricopa County PND Transportation: RDM = MCDOT Roadway Design Manual RDG = MCDOT Residential Design Guidelines MSRP = MCDOT Major Streets and Routes Plan PND Storm Water: SWMDCR= Maricopa County Storm Water Quality Management and Discharge Control Regulation DDMV3= Maricopa County Drainage Design Manual – Erosion Control APCR= Maricopa County Air Pollution Control Regulations – Rule 310 Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 S u b d i v i s io n @ m a r i c o p a . g o v e s d . m a r i c o p a .g o v The Maricopa County Environmental Services Department (MCESD) has completed review for the Rezoning from RU-43 (Rural-43 Residential) to C-2 (Intermediate Commercial) CUPD to allow the site to be used for commercial uses. 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). A Public Water System application and a New Source Approval application are quality analysis report will be required with submittal and is good within one-year of testing. For additional Drinking Water related questions, please contact the Drinking Water program at (602) 506-6935 or by email at sdwquestions@maricopa.gov. 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. For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. Project Name: Rezoning from RU-43 (Rural-43 Residential) to C-2 (Intermediate Commercial) CUPD to allow the site to be used for commercial uses. Primary Contact Name: Jessica Sarkissian Planning Application Type: Zone Change with Overlay APN(s): 304-61-039G Reviewer: Souren Naradikian, P.E. Email: Souren.Naradikian@maricopa.gov Phone: 602-372-2907 Planner Name: Nick Schlimm Planning Case #: Z2024043 Date: April 12, 2024 Water and Waste Management Division Page | 2 Environmental Health For any food service operations occurring on site, where food is offered, sold, or prepared from a fixed/permanent location, requires submittal of a Permanent/Fixed Food Establishment Permit application. Additional information for permanent/fixed establishments can be found on the Environmental Health webpage. For Environmental Health related questions, please call (602) 506-6824. Subdivision and Infrastructure An Approval to Construct application Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. For subdivision related questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov. Additional Notes Environmental Services does not require these items for condition of approval of Z2024043, however these items must be addressed with the development of the site. Environmental Services does not require additional review of this case. *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. DATE: October 21, 2024 TO: Planning & Zoning Commission From: Paola Jaramillo, Planner SUBJECT: Z2024043 – Rittenhouse Commercial Agenda Item: 3 Since the publishing of the Staff Report, there was an error on Condition ‘e’ - shown below in leg- edit format: e. Prior to a precise plan of development approval for the development of a commercial use requiring utilities, not including billboards uses, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Glendale Town of Queen Creek that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre- annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. Upon publishing of the staff report, Staff has received opposition for case Z2024043. The Town of Queen Creek has provided a letter outlining their opposition to the rezone of the site from Rural- 43 to C-2 CUPD with commercial zoning and the potential use of a billboard. The states a commercial use would not be appropriate for various reasons, listed below: (i) Town of Queen Creek acknowledges the land use of the site is considered Neighborhood in their General Plan, but a number of factors are evaluated to ensure consistency with their General plan and the surrounding area. With the limited information provided on the future commercial use, the Town does not support commercial use on the property. (ii) There is no approved direct access to Rittenhouse Road from the subject site, nor would access be granted due to the design standards and the proximity to existing drives. Prompting any future access to utilize existing residential access drives for commercial purpose would result in the development that would create a sub- standard situation. (iii) Being a county island within the Town of Queen Creek, the proposed billboard would not be in compliance to the Town’s Sign Code. The Town updated the Sign Code in 2019 to prohibit billboard signs. The proposed zone change includes a 53% reduction to the required County setbacks from adjacent rural/residential zoning districts to 47 feet where 100 feet is required. Town’s staff is in opposition of any proposed billboard on the site as it would not be consistent with the Town’s Sign Code. (iv) The geometry of access points (utilizing the residential access drive as the commercial access drive would require an approximate 270-degree turning movement to be consistent with the flow of traffic at speed of 45-miles per hour), landscaping areas, separation from adjoining properties, parking and screening, and design of the project are also of concern. Staff also received an opposition letter from three (3) neighbors that are adjacent or near the subject site. The neighbors believe a commercial use is not appropriate for their neighborhood, they have concerns with the impact a commercial use can have to their community; their concerns are listed below: (i) An increase in traffic: A commercial use will attract more cars and people into the neighborhood. (ii) Crime: A commercial use attracts various crows, which may lead to crime in the neighborhood. (iii) Property Value: A commercial use adjacent to their property can affect their property values. The surrounding properties are sought out due to the ranch/farm atmosphere and a commercial use can impact that style of living and hurt the property values of the community. (iv) Change of Community Character: A commercial use would impact the character of the neighborhood. Many of the neighbors purchased in this community due to the quiet and friendly atmosphere. As of the publishing of the staff report there was no known opposition and no concerns from reviewing agencies. The report notes that a billboard would not be in compliance the Town’s goals, policies and rules, but of course a billboard is a permitted use in county C-2 zoning. The staff report also states that annexation would be appropriate for this site. Attachments: Town of Queen Creek Opposition Letter (3 pages) Neighbors Opposition Petition (2 pages) October 18, 2024 VIA EMAIL Mr. Darren Gerard, AICP Planning Manager Maricopa County Planning & Development Department 301 W. Jefferson Street, Suite 170 Phoenix, Arizona 85003 RE: Town of Queen Creek Letter of Opposition – Zoning Case No. Z2024043 Dear Mr. Gerard, It was recently brought to the Town’s attention that the above-mentioned application was proceeding through the hearing process and scheduled for review by the Planning and Zoning Commission on October 24, 2024. Please let this letter serve as opposition to proposed Zoning Case No. Z2024043 Rittenhouse Commercial. The reasons for the opposition are outlined below: 1. The Town of Queen Creek General Plan designates the subject site and surrounding area as Neighborhood. While provisions are provided that allow for commercial uses to be contemplated, consideration is provided based on a number of factors including proposed location of commercial development, size of development, proposed uses, proximity to adjacent uses, potential impacts to the surrounding community, and design. In this situation, the proposed commercial site is currently zoned and surrounded by developed RU-43 zoned properties directly to the west and south of the subject site. Furthermore, there is no approved direct access to Rittenhouse Road from the subject site, nor would access be granted due to design standards and proximity to existing drives, thus prompting any future access to utilize existing residential access drives for commercial purposes, resulting in a development that creates a sub-standard situation. For these concerns the Town is opposed to this application and recommends that the County RU-43 residential zoning designation remain. 2. As you are aware in working with many municipalities throughout the County, each municipality has a number of standards that are adopted for the overall betterment of the community creating both a safe community and an aesthetically pleasing community. In the case of the subject site and the proposed billboard, the Town, in its Sign Code update in 2019 elected to prohibit billboard signs. The proposed billboard sign is inconsistent with the Town’s Sign Code. Not only is a billboard sign proposed, but the request includes a 53% reduction in required County setbacks from adjacent rural/residential zoning districts (per the staff report the minimum distance required is 100-feet, whereas 47-feet from an adjacent property boundary is proposed). For these concerns the Town is opposed to this application and requests denial of the billboard sign. 3. Within the County Planning staff memo starting on page 6 under “Staff Analysis” County Staff acknowledges the following: a. Paragraph 14: That within the Town of Queen Creek “any form of remote signage, such as off-premises advertising signs or billboards, are prohibited.” County staff acknowledges that the proposed billboard is not a supported type of signage within the Town of Queen Creek. b. Paragraph 15: “The proposed billboard is of concern as the proposed distance to rural/residential zoning district and uses is quite significant from the required 100’ and 150’ for illuminated to 47’,” and “If this county island annexes into Queen Creek in the future with a billboard it will not be in compliance to the Towns Ordinance.” These two sentences independently express County staff concerns with the proposed application and reflect Queen Creek’s concerns. c. Paragraph 17: “The applicant does not discuss any plans to annex to the Town of Queen Creek, but they describe a use that is supported by the Town’s General Plan.” While commercial land uses can be considered in the Neighborhood category of the General Plan, a number of factors are evaluated to ensure consistency with the General Plan and surrounding context. Given the limited information provided regarding the commercial use, at this time Town Staff would not support commercial uses on the subject property. d. Paragraph 18: “Staff is supportive of the proposed zone change with overlay…” In spite of stated County staff concerns, support is provided citing “due to the general compatibility a low intensity commercial use would have with the surrounding land use and future development of the area.” The Town of Queen Creek disagrees with this assessment as the commercial zoning is “spot zoning” and is inconsistent with the surrounding land uses and context, is not generally compatible with the surrounding land uses (residential is adjacent to the site’s western, southern, and eastern boundaries making a “residential use” the most compatible land use with the surrounding area), and that a billboard within 47-feet of residentially zoned property is not “low intensity” especially since billboards are prohibited throughout the Town. Additional concerns related to the geometry of access points (utilizing the residential access drive as the commercial access drive would require an approximate 270-degree turning movement to be consistent with the flow of traffic at speeds of 45-miles per hour), landscaping areas, separation from adjoining properties, parking and screening, and design of the project can also be expressed. Based on the above concerns, as well as the potential for significant design constraints given the location and geometry of the subject site, the Town of Queen Creek opposes both the proposed Rezoning application and the proposed billboard sign. If you have any questions regarding this comment letter please contact me directly at 480-358- 3013 or via email at erik.swanson@queencreek.org. Sincerely, Erik Swanson, AICP Planning Manager Development Services Department Town of Queen Creek Cc: Paolo Jaramillo, Planner Rachel Applegate, Planning Supervisor Jessica Sarkissian, Upfront Planning DATE: October 23, 2024 TO: Planning & Zoning Commission From: Paola Jaramillo, Planner SUBJECT: Z2024043 – Rittenhouse Commercial Agenda Item: 3 The applicant has made a correction to their request, more specifically the development standards table. The staff report indicates the applicant was requesting for permitted uses to include “One Static, non-illuminated billboard”, but the applicant is proposing an illuminated billboard as a permitted use. Condition ‘b’ has been updated to reflect the updated narrative report – shown below in leg-edit format: b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rittenhouse Commercial”, consisting of 7 8 pages, dated July September 2024, and stamped received September 10 October 23, 2024, except as modified by the following conditions. As of October 23, 2024 staff has received an additional signature of opposition related to the previously provided opposition petition provided on the Handout dated October 21, 2024. Attachments: Updated Narrative (8 pages) Updated Neighbors Opposition Petition (3 pages) Narrative Maricopa County 1 REZONE AND CUPD NARRATIVE FOR RITTENHOUSE COMMERCIAL Z2024043 Submitted to: Maricopa County Planning Department 301 West Jefferson St, Suite 170 Phoenix, AZ 85003 Prepared by: Upfront Planning & Entitlements, LLC Phone: (480) 221-6150 Email: Jessica@upfrontplanning.com September 2024 Narrative Maricopa County 2 1. REQUEST Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a rezone request with a CUPD on approximately 1.05 gross acres southwest corner of Rittenhouse Road and 196th Street in the Queen Creek area. The property is located along Rittenhouse Road and 196th Street and is identified as Maricopa Assessor Parcel Number 304-61-039G (the “Property”). The Property is 1.05 acres. The Property is located within unincorporated Maricopa County (the “County”) and is zoned as RU-43. The property owner requests to rezone the parcel for low intensity commercial uses with access off of Rittenhouse Road. 2. PROPOSAL The property owner requests a rezoning from RU-43 (Rural-43 Residential) to C-2 (Intermediate Commercial) CUPD to allow the site to be used for commercial uses. While the owner is looking into potential uses, no specific user has been determined. The proposal includes a permitted uses table to restrict incompatible uses with the size and shape of the parcel to adjacent uses. 3. RELATIONSHIP TO SURROUNDING PROPERTIES The parcels directly surrounding the property consist of large lot rural residential uses, as well as a vacant property to the east that is owned by the SRP Agricultural Improvement and Power District. The property is bounded by Rittenhouse Road to the north, while the directly surrounding parcels are all located within the County and zoned Rural-43. However, parcels further out from the property are zoned for higher intensity uses. To the south and west are subdivisions in Queen Creek Narrative Maricopa County 3 with R1-7 and R1-9 zoning, respectively. Queen Creek’s zoning ordinance considers these to be urban residential districts that support medium-to-high density development. These may also serve as transitional districts between single-family, multi-family, and nonresidential districts. To the northeast of the property, across Rittenhouse Road and the Railroad, is another subdivision in Queen Creek with R1-18 zoning. This is a suburban residential district that supports low-to-medium density development. Approximately 700’ north of the property is vacant land in Queen Creek that has been zoned EMP-A, an office/industrial park zoning district that supports light manufacturing, business park, and limited retail uses with adequate buffering from surrounding residences. The location of the site directly accessing from Rittenhouse Road makes it an ideal location for limited commercial zoning to help buffer the existing residential interior to the site. Furthermore, limits placed on the types of commercial uses allowed will ensure that the site continues to provide an orderly transition between the surrounding residential uses and the more intense general commercial/ employment uses nearby. The Comprehensive/ General Plan Land Use classifications, along with the existing zoning and uses for the parcels adjacent to the Property, are listed in the following table: Adjacent Land Uses Direction QC General Plan Existing Zoning Existing Use North Industrial and Neighborhood Maricopa County RU-43 / Town of Queen Creek R1-43 Rittenhouse Road & UPRR/ Flood control and vacant East Neighborhood Maricopa County RU-43 SRP Irrigation Land/ Vacant South Neighborhood Maricopa County RU-43 Rural and Urban Residential West Neighborhood Maricopa County RU-43 Rural and Urban Residential The Queen Creek General Plan for this area specifies it as “Neighborhood”. The “Neighborhood” category supports residential uses with a range of densities, as well as both light and general commercial uses on properties less than 20 acres and with direct access to an arterial street which this property is. To the west along Rittenhouse are several multi-family residential projects entitled on the site which have broken ground. Rittenhouse Road is a major thoroughfare in this region connecting south Gilbert to downtown Queen Creek just 1.5 miles south along Rittenhouse Road. Additionally, directly across Rittenhouse Road to the north Industrial land uses in line with the existing commercial, office and storage facilities developing in the community. Multiple industrial developments connecting to the Phoenix Gateway Airport within the City of Mesa have developed and are continuing to develop as the roadway connections in this area have been optimized to get people through this area along Rittenhouse connecting to Sossaman, Power Road, Ellsworth Road and Queen Creek Road. Narrative Maricopa County 4 Queen Creek General Plan Map Maricopa County Zoning Map Narrative Maricopa County 5 Queen Creek Zoning Map 4. ZONING and PROPOSED CUPD DEVELOPMENT STANDARDS The proposed project to rezone the site to Commercial C-2 CUPD zoning will permit the property owners to run a business appropriately following Maricopa County standards. The parcel is located directly adjacent to Rittenhouse Road, a 4-lane lane arterial with a raise median, which is just south of the railroad and the flood control drainage channel making the parcel a prime location for C-2 zoning. The site is located near a mixture of commercial, employment and higher density zoning that is in the process of developing for their higher and more intense uses. Development Standards Development Standards Base C-2 Development Standards Proposed C-2 CUPD Development Standards Front Yard – Abutting residential 25-feet (Adj. to rural/ residential) 25-feet (Adj. to rural/ residential) Side Yard – abutting Residential 10-feet (Adj. to rural/ residential) 10-feet (Adj. to rural/ residential) Street Side Yard – abutting Residential 10-feet (Adj. to rural/ residential) 10-feet (Adj. to rural/ residential) Rear Yard Setback adjacent to Residential 0’ (adj. to commercial) 25 feet (Adj. to rural/ residential) 0’ (adj. to commercial) 25 feet (Adj. to rural/ residential) Max. Building Height 40’ (or 1’ less for each foot closer than 40’ to rural/residential zoning 30’ (or 1’ less for each foot closer than 40’ to rural/residential zoning Site Enclosure and Screening – whether abutting a Rural zoning district or not A 6’ solid wall A 6’ solid wall Minimum rural/ 150’ 47’ Narrative Maricopa County 6 residential zoning district/ residential use separation for illuminated billboard (on east side) Minimum rural/ residential zoning district/ residential use separation for billboard 100’ 47’ Permitted Uses Uses listed per MCZO Chapter •One static, illuminated billboard, per MCZO Chapter 14. •Non-residential uses allowed in the C-1 zoning district, except until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water •Uses (including residential) allowed in the Rural-43 zoning district. •Accessory buildings and uses customarily incidental to the above permitted uses Narrative Maricopa County 7 Additionally, the following exhibit demonstrates where a billboard may be able to fit if it were proposed on the site per staff’s request. The area in yellow represents the location where a billboard may be able to be placed per MCZO Chapter 14 provided the required setbacks. 5. LOCATION AND ACCESSIBILITY Rittenhouse Road is within Town of Queen Creek jurisdiction. Rittenhouse Road is a designated as a Major Collector Roadway with the Town of Queen Creek. Currently it is developed as 4-lanes with a raised median within 80’ of ROW to the Town’s specifications. There also exists an ingress/egress easement (196th Street), which traverses the easternmost 24’ of the property, providing access to the site (and to nearby residences) from Rittenhouse Road. We will coordinate with the Town to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements needed to continue providing access to the site. This will be coordinated prior to or during review of the Plan of Development. 6. DEVELOPMENT SCHEDULE The applicant anticipates that development plans to expand as soon as the C-2 CUPD zoning is approved. Approval of the rezone would require the owner to file a plan of development (POD) for County review prior to submitting for building permits. Narrative Maricopa County 8 7. COMMUNITY FACILITIES AND SERVICES This project is not anticipated to generate any demand for the school district being of a commercial use. The nearest school is Heritage Academy Charter over 1,600 feet away and the nearest park is located in La Jara Farms over 700’ away. School District Queen Creek Unified School District Water Well Sewer Septic Police Maricopa County Sheriff Fire Queen Creek Island Fire District Electric SRP Natural Gas Southwest Gas Telephone Cox / Century Link Refuse Waste Management 8. CONCLUSION The proposed rezoning will allow the site to utilize vacant land and provide business for the area. The rezoning will allow the parcel to be used at its highest and best use, as depicted within the Maricopa County Comprehensive Plan, and is consistent with the surrounding development in the area, which has already begun developing a mixture of development into the area. 1 From: noreply@civicplus.com <noreply@civicplus.com> Sent: Tuesday, October 29, 2024 4:42 PM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Subject: Online Form Submittal: Comment on a Planning Case - Submittal of this form is subject to public records. Submittal of this form will be provided to the case applicant and uploaded to the case record. Comment on a Planning Ca se - Submittal of this form is subject to public records. Submittal of this for m will be provided to the ca se appli cant and uploa ded to the case recor d. Comment on a Planning Case (Section Break ) Case Number & Project ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. ZjQcmQRYFpfptBannerEnd Comment on a Planning Case - Submittal of this form is subject to public records. Submittal of this form will be provided to the case applicant and uploaded to the case record. Comment on a Planning Case (Section Break) Case Number & Project Name Z2024043 Rittenhouse Commercial Comment I am vehemently opposed to this application. Although this site is in a county island, this area is surrounded by the Town of Queen Creek and is within the Town's planning area. This application is completely incompatible with the surrounding residential properties. It should not be rezoned to C-2 with CUPD. The applicant stated they are trying to be in conformance with the surrounding uses- this is simply not the case. Furthermore, the proposed billboard would not fit with the surroundings and would be an eyesore. Please do not approve Z2024043. The proper zoning for this parcel should remain Rural-43. Name Michael Robin Benning Address 20521 E Ocotillo Rd City Queen Creek State AZ Zip Code 85142 Email Address bennarch@msn.com Phone Number 6027621496 Comment on a Planning Case [Submit Information ] Email not displaying correctly? View it in your browser. Narrative Maricopa County 1 REZONE AND CUPD NARRATIVE FOR RITTENHOUSE COMMERCIAL Z2024043 Submitted to: Maricopa County Planning Department 301 West Jefferson St, Suite 170 Phoenix, AZ 85003 Prepared by: Upfront Planning & Entitlements, LLC Phone: (480) 221-6150 Email: Jessica@upfrontplanning.com October 2024 Narrative Maricopa County 2 1. REQUEST Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a rezone request with a CUPD on approximately 1.05 gross acres southwest corner of Rittenhouse Road and 196th Street in the Queen Creek area. The property is located along Rittenhouse Road and 196th Street and is identified as Maricopa Assessor Parcel Number 304-61-039G (the “Property”). The Property is 1.05 acres. The Property is located within unincorporated Maricopa County (the “County”) and is zoned as RU-43. The property owner requests to rezone the parcel for low intensity commercial uses with access off of Rittenhouse Road. 2. PROPOSAL The property owner requests a rezoning from RU-43 (Rural-43 Residential) to C-2 (Intermediate Commercial) CUPD to allow the site to be used for commercial uses. While the owner is looking into potential uses, no specific user has been determined. The proposal includes a permitted uses table to restrict incompatible uses with the size and shape of the parcel to adjacent uses. 3. RELATIONSHIP TO SURROUNDING PROPERTIES The parcels directly surrounding the property consist of large lot rural residential uses, as well as a vacant property to the east that is owned by the SRP Agricultural Improvement and Power District. The property is bounded by Rittenhouse Road to the north, while the directly surrounding parcels are all located within the County and zoned Rural-43. However, parcels further out from the property are zoned for higher intensity uses. To the south and west are subdivisions in Queen Creek Narrative Maricopa County 3 with R1-7 and R1-9 zoning, respectively. Queen Creek’s zoning ordinance considers these to be urban residential districts that support medium-to-high density development. These may also serve as transitional districts between single-family, multi-family, and nonresidential districts. To the northeast of the property, across Rittenhouse Road and the Railroad, is another subdivision in Queen Creek with R1-18 zoning. This is a suburban residential district that supports low-to-medium density development. Approximately 700’ north of the property is vacant land in Queen Creek that has been zoned EMP-A, an office/industrial park zoning district that supports light manufacturing, business park, and limited retail uses with adequate buffering from surrounding residences. The location of the site directly accessing from Rittenhouse Road makes it an ideal location for limited commercial zoning to help buffer the existing residential interior to the site. Furthermore, limits placed on the types of commercial uses allowed will ensure that the site continues to provide an orderly transition between the surrounding residential uses and the more intense general commercial/ employment uses nearby. The Comprehensive/ General Plan Land Use classifications, along with the existing zoning and uses for the parcels adjacent to the Property, are listed in the following table: Adjacent Land Uses Direction QC General Plan Existing Zoning Existing Use North Industrial and Neighborhood Maricopa County RU-43 / Town of Queen Creek R1-43 Rittenhouse Road & UPRR/ Flood control and vacant East Neighborhood Maricopa County RU-43 SRP Irrigation Land/ Vacant South Neighborhood Maricopa County RU-43 Rural and Urban Residential West Neighborhood Maricopa County RU-43 Rural and Urban Residential The Queen Creek General Plan for this area specifies it as “Neighborhood”. The “Neighborhood” category supports residential uses with a range of densities, as well as both light and general commercial uses on properties less than 20 acres and with direct access to an arterial street which this property is. To the west along Rittenhouse are several multi-family residential projects entitled on the site which have broken ground. Rittenhouse Road is a major thoroughfare in this region connecting south Gilbert to downtown Queen Creek just 1.5 miles south along Rittenhouse Road. Additionally, directly across Rittenhouse Road to the north Industrial land uses in line with the existing commercial, office and storage facilities developing in the community. Multiple industrial developments connecting to the Phoenix Gateway Airport within the City of Mesa have developed and are continuing to develop as the roadway connections in this area have been optimized to get people through this area along Rittenhouse connecting to Sossaman, Power Road, Ellsworth Road and Queen Creek Road. Narrative Maricopa County 4 Queen Creek General Plan Map Maricopa County Zoning Map Narrative Maricopa County 5 Queen Creek Zoning Map 4. ZONING and PROPOSED CUPD DEVELOPMENT STANDARDS The proposed project to rezone the site to Commercial C-2 CUPD zoning will permit the property owners to run a business appropriately following Maricopa County standards. The parcel is located directly adjacent to Rittenhouse Road, a 4-lane lane arterial with a raise median, which is just south of the railroad and the flood control drainage channel making the parcel a prime location for C-2 zoning. The site is located near a mixture of commercial, employment and higher density zoning that is in the process of developing for their higher and more intense uses. Development Standards Development Standards Base C-2 Development Standards Proposed C-2 CUPD Development Standards Front Yard – Abutting residential 25-feet (Adj. to rural/ residential) 25-feet (Adj. to rural/ residential) Side Yard – abutting Residential 10-feet (Adj. to rural/ residential) 10-feet (Adj. to rural/ residential) Street Side Yard – abutting Residential 10-feet (Adj. to rural/ residential) 10-feet (Adj. to rural/ residential) Rear Yard Setback adjacent to Residential 0’ (adj. to commercial) 25 feet (Adj. to rural/ residential) 0’ (adj. to commercial) 25 feet (Adj. to rural/ residential) Max. Building Height 40’ (or 1’ less for each foot closer than 40’ to rural/residential zoning 30’ (or 1’ less for each foot closer than 40’ to rural/residential zoning Site Enclosure and Screening – whether abutting a Rural zoning district or not A 6’ solid wall A 6’ solid wall Narrative Maricopa County 6 Minimum rural/ residential zoning district/ residential use separation for illuminated billboard 150’ 47’ Minimum rural/ residential zoning district/ residential use separation for billboard 100’ 47’ Permitted Uses Uses listed per MCZO Chapter •One static, illuminated billboard, per MCZO Chapter 14. •Non-residential uses allowed in the C-1 zoning district, except until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water •Uses (including residential) allowed in the Rural-43 zoning district. •Accessory buildings and uses customarily incidental to the above permitted uses Narrative Maricopa County 7 Additionally, the following exhibit demonstrates where a billboard may be able to fit if it were proposed on the site per staff’s request. The area in yellow represents the location where a billboard may be able to be placed per MCZO Chapter 14 provided the required setbacks. 5. LOCATION AND ACCESSIBILITY Rittenhouse Road is within Town of Queen Creek jurisdiction. Rittenhouse Road is a designated as a Major Collector Roadway with the Town of Queen Creek. Currently it is developed as 4-lanes with a raised median within 80’ of ROW to the Town’s specifications. There also exists an ingress/egress easement (196th Street), which traverses the easternmost 24’ of the property, providing access to the site (and to nearby residences) from Rittenhouse Road. We will coordinate with the Town to review any traffic impact, right-of-way dedication, permitting, or roadway improvement requirements needed to continue providing access to the site. This will be coordinated prior to or during review of the Plan of Development. 6. DEVELOPMENT SCHEDULE The applicant anticipates that development plans to expand as soon as the C-2 CUPD zoning is approved. Approval of the rezone would require the owner to file a plan of development (POD) for County review prior to submitting for building permits. Narrative Maricopa County 8 7. COMMUNITY FACILITIES AND SERVICES This project is not anticipated to generate any demand for the school district being of a commercial use. The nearest school is Heritage Academy Charter over 1,600 feet away and the nearest park is located in La Jara Farms over 700’ away. School District Queen Creek Unified School District Water Well Sewer Septic Police Maricopa County Sheriff Fire Queen Creek Island Fire District Electric SRP Natural Gas Southwest Gas Telephone Cox / Century Link Refuse Waste Management 8. CONCLUSION The proposed rezoning will allow the site to utilize vacant land and provide business for the area. The rezoning will allow the parcel to be used at its highest and best use, as depicted within the Maricopa County Comprehensive Plan, and is consistent with the surrounding development in the area, which has already begun developing a mixture of development into the area.