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July 24, 2024 Z2023120 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: July 24, 2024 Case #/Title: Z2023120 – Lane Property Supervisor District: 2 Applicant/Owner: Douglas Lane / Lane Douglas Request: Zone change with overlay from R1-8 to R-5 RUPD Site Location: Generally located 690’ East of the SEC of Merrill Road & Akron Street in the Apache Junction area Site Size: Approximately 25,003 sq. ft. County Island Status: N/A Additional Comments: There are no outstanding concerns from reviewing agencies. The rezoning will foster redevelopment of an existing non-conforming multi-family residential site of detached units. The owner has filed a separate plan of development (Z2024004) for administrative approval after rezoning. The zone change would be the first step to rectify an open code violation case for unpermitted construction. The owner will need to obtain an approved plan of development and complete required construction permits to rectify the violation. The subject site is within a county island surrounded by the City of Mesa and located within Mesa’s planning area designated for ‘Neighborhoods’ uses. The R-5 RUPD multi-family residential zoning is consistent with the City’s plan. The City did not provide comment. The applicant conducted a public outreach but did not receive any comments. the R-5 RUPD is consistent with surrounding zoning and compatible with the surrounding single-family and multi-family residential in the community. There is existing R-5 zoning and multi- family residential to the east.. There is no known opposition. Commission Recommendation: On 6/13/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023120 subject to conditions ‘a’ – ‘j’: July 24, 2024 Z2023120 Page 2 of 3 a. All Plans of Development shall be developed in substantial conformance with the zoning exhibit entitled “Lane Property Zoning Exhibit Case Z2023120” consisting of one full-size sheet, stamped received March 17, 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 “Lane Property Zone Change”, consisting of 4 pages, dated March 5, 2024, and stamped received March 17, 2024 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. No development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Engineering review of rezone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practice at the time of application for construction. d. The following R-5 RUPD Zoning District standards shall apply: 1. Minimum Side Yard Setback – 2’ 2. Minimum Rear Yard Setback – 15’ e. Approval of a POD shall be obtained within 6 months of the Board of Supervisor approval of case Z2023120. f. All outdoor lighting shall conform with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. g. Any amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change per the requirements and procedures set forth in the Maricopa County Zoning Ordinance. i. 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. j. 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 reversion to the zoning that existed on the date of application in accordance with Maricopa County Zoning Ordinance requirements. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions July 24, 2024 Z2023120 Page 3 of 3 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 or expiration 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: Rachel Applegate, Senior Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 6/13/24 P&Z Packet (14 pages) Note: 6/13/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2023131 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023120 – Lane Property Hearing Date: June 13, 2024 Supervisor District: 2 Applicant: Douglas Lane Owner: Lane Douglas Request: Zone change with overlay from R1-8 to R-5 RUPD Site Location: Generally located 690’ East of the SEC of Merrill Road & Akron Street in the Apache Junction area Site Size: Approximately 25,003 sq. ft. Density: 1 d.u / 6,250 sq. ft. County Island: No County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Mesa 2040 General Plan - Neighborhoods Municipal Comments: N/A Support/Opposition: None Known Recommendation: Approve with conditions Z2023131 Page 2 of 7 Project Summary: 1. The applicant is requesting a zone change with overlay from R1-8 to R-5 RUPD to accommodate an existing non-conforming multi-family development on the subject site. The subject site is comprised of approximately 25,003 sq. ft. and it is located east of the southeast corner or Merrill Road and Akron Street, more specifically 10443 E. Akron St. in the Apache Junction area. The applicant will be processing a Plan of Development (POD) separately from this zone change under case Z2024004, which will be administratively processed after the zone change entitlement is complete. The applicant states in their narrative that this request would rectify an open violation case on the site, V202202606. The violation was given for construction of the southeast unit on the property without permits or zoning clearance. 2. The subject property is currently developed with three, 500 sq. ft. units located on at the north, east and west of the site, and one, 1,000 sq. ft. unit located southeast of the site. The residential units were originally constructed in 1959 prior to the Maricopa County Zoning Ordinance adoption in 1969. Maricopa County Historical Aerial Photography 1959 Feb 3. The site is non-conforming to the existing zoning district requirements and could have qualified as a non-conforming use under Article 1305.1 of the MCZO, but the applicant states in their narrative the structure located southeast of the site was damaged during a fire back in July of 2022, which was later on reconstructed and expanded from 500 sq. ft. to 1,000 sq. ft., without any building permits, hence violation case V202202606. 4. Article 1305.2.2 states “In the event that a nonconforming use of land, building, or structure is destroyed by fire, explosion, act of God or act of the public enemy to the extent of 75% of its value, according to the appraisal thereof by competent appraisers, then and without further action by the Board of Supervisors, the future use thereof shall from and after the date of such destruction be Z2023131 Page 3 of 7 subject to all the regulations of this Ordinance or amendments thereto for the district in which such future use is located.” The site would not be subject to LNC status anymore; meaning the only way to be in compliance with Maricopa County would be to process a zone change that would allow the existing residential units. 5. The applicant has since submitted building permits for the work that was done unpermitted, but building permits will not be approved until zoning entitlements are obtained. The applicant is not proposing any future changes to the existing structures. 6. The subject site is currently zoned R1-8, and the applicant is requesting to change the zoning to R-5 RUPD. The base R-5 zone and requested zoning standards for the R-5 RUPD district are listed on the next page, shown in bold text: REGULATION BASE ZONING DISTRICT REGULATIONS (R-5) PROPOSED ZONING REGULATIONS (RUPD) MAX. HEIGHT 40’ 40’ MIN. FRONT YARD 20’ 20’ MIN. SIDE YARD 5’’ 2’ 9” MIN. REAR YARD 25’ 15’ MIN. STREET SIDE YARD 10’ 10’ MIN. LOT AREA 6,000 SQ. FT. 6,000 SQ. FT. MIN. LOT WIDTH 60’ 60’ MAX. LOT COVERAGE 60% 60% LOT AREA PER DWELLING UNIT 1 d.u./ 1,000 sq. ft. 1 d.u. / 1,000 sq. ft. PARKING 2 spaces per unit 2 space per unit *Bold text represents proposed zoning deviations under the RUPD overlay 7. The applicant is requesting to vary the side yard and rear yard setbacks as the units are already developed within the required setbacks of the R-5 zoning district. Z2023131 Page 4 of 7 2024 Aerial Image of the Site Zoning of the Site and Adjacent Properties Z2023131 Page 5 of 7 Existing On-Site and Adjacent Zoning / Land Use: 8. On-site: R1-8 / Multi-family North: R1-8 / Akron Street then single-family residence South: R1-8 / Single-family residence East: R-5 / Multi-family mobile home park West: R1-8 / Single-family residence Utilities and Services: 9. Water: Arizona Water Company Wastewater: Waste Connections Electric: SRP Fire: Mesa Fire & Medical Police: Maricopa County Sheriff’s Office School District: Mesa Unified School District Solid Waste: On-Site Septic Right-of-Way: 10. The following table includes existing and proposed half-width right-of-way and the future classification based on the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Existing R/W Proposed R/W* Future Classification Akron Street 50’’ n/a Minor Arterial Adopted Plans: 11. Maricopa County Vision 2030 Comprehensive Plan (adopted 2013): Designates the subject site as Rural Development Area (0-1 d.u./ac). 12. Mesa 2040 General Plan (adopted 2014): Designates the subject site as Neighborhoods. The land use has an intent to provide wide range of housing option. The proposed zoning district is appropriate with the City of Mesa land use designated. Public Participation Summary: 13. The applicant complied with the 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 parcel and interested parties. The applicant submitted a Public Participation Results Report. To date, no opposition has been received. Outstanding Concerns from Reviewing Agencies: 14. N/A Staff Analysis: 15. Staff recognizes that the general area surrounding the subject site has been developed with single-family residential homes, except for the adjacent site to the east which is zoned R-5 and is Z2023131 Page 6 of 7 developed as an RV Park. Staff finds the proposed R-5 RUPD zoning district would be appropriate for the site due to the existing R-5 buffer already in place to the east. 6his request would just expand the buffer even further. Also, staff finds that the proposed R-5 RUPD zoning district would allow the land uses on site to remain as is, which has been existing and resided on for the past 6 decades. Staff supports the proposed zone change with overlay with the recommended conditions due to the general compatibility that R-5 would have to the surrounding land uses. Recommendation: 16. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023120 subject to the following conditions ‘a’ – ‘j’: a. All Plans of Development shall be developed in substantial conformance with the zoning exhibit entitled “Lane Property Zoning Exhibit Case Z2023120” consisting of one full-size sheet, stamped received March 17, 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 “Lane Property Zone Change”, consisting of 4 pages, dated March 5, 2024, and stamped received March 17, 2024 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. No development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Engineering review of rezone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practice at the time of application for construction. d. The following R-5 RUPD Zoning District standards shall apply: 1. Minimum Side Yard Setback – 2’ 2. Minimum Rear Yard Setback – 15’ e. Approval of a POD shall be obtained within 6 months of the Board of Supervisor approval of case Z2023120. f. All outdoor lighting shall conform with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. g. Any amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. Z2023131 Page 7 of 7 h. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change per the requirements and procedures set forth in the Maricopa County Zoning Ordinance. i. 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. j. 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 reversion to the zoning that existed on the date of application in accordance with Maricopa County Zoning Ordinance requirements. 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 or expiration 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 Gerard, AICP, Planning Services Manager Attachments: Case Map (1 page) Zoning Exhibit (1 page) Narrative Report (4 pages) Engineering comments (1 page) / Maricopa County Planning & Development - Phoenix, AZ 2 Gross Acres: 0.5 approx. Generated May 14, 2024 3:52 PM Z2023120 Application Name: Legal Description Lane Property EDR Applicant Case Address T01N R07E 023, Doug O Lane 10443 E AKRON St Applicant Phone/Email Parcel Primary:220-47-060A 602.628.4127 Dlaneman@email.phoenix.edu APACHE JUNCTION AZ 85120 Map scale 1:495 Supervisor District No. RUPD TO AMEND DEVELOPMENT STANDARDS. Title Page: Lane Property Zone Change General Location: Half a mile NW of the NWC of Apache Trail & Signal Butte Road in the Mesa Area Case: Z2023120 Date: original 11/01/2023 revision 2 -12/4/2023; revision 3 – 3/17/2024 Purpose of Request: Zone change with an overlay from R1-8 to R-5 RUPD, for a .5 acre multi-family development. Description of Request: This request is to correct the zoning which should then allow for the reconstruction with modification of the building that was damaged by fire. The structure is wood frame construction and will be increased from 500 sq ft to 1000 sq ft. In 1959, when this half acre property was developed it was part of a much larger ranch property, which included several of the surrounding parcels. The property was divided when the owners marriage ended. The four buildings on this parcel are the original structures built in 1959. They were considered rental units at that time for out-of-state visitors to rent when using the ranch. To my knowledge, even after the property was divided these structures have been used as rental units. When Douglas Lane purchased the property in 2020, the units on the property were rented to long term renters, with at least one of them having resided there for 15 years. (unit 1) In July of 2022, one of the units, (unit 4) was damaged by fire. The actual fire damage was minimal but the smoke damage covered the entire interior of the building. No structural damage was done. The structure was valued by the insurance company at about $120,000. At the advice of the insurance company, rather than trying to de-smoke and clean the structure the drywall was removed. At this point, the insurance adjuster said due to the structures age updating the plumbing and electrical wiring was recommended and could be covered under the fire claim. The claim was for about $60,000, of which $40,000 has been paid out. While the structure was dismantled, old termite damage was found. Mr Lane hired a company to repair this damage and while doing that had them enclose the carport, then change the carport roof from flat to pitched to match the rest of the structure. The encloser and roofing of the carport were not permitted and subsequently ended up receiving a stop work order obtain the proper permits. Three buildings on the property, unit 1, unit 2 and unit 3 are original from 1959 and will have no changes made. However, as part of the zoning process, unit 1 does not comply with the setback requirements, thereby requiring a special setback accommodation on the west side to be 2’ 9”. It is requested that this setback be allowed for this building and this structure only, in as much as it remains in its original constructed state / location. It is understood that should this building be destroyed by fire or torn down that the proper property setbacks, 5’ side, would then apply to any new or reconstructed building. Relationship to surrounding properties: The property to the east is zoned multifamily and is a motor home park. The properties on the other three sides of this lot are single family residential. This request is correct the zoning to match the use of the property that has been in place since 1959. Location and Accessibility: Half acre lot at the end of Akron Street, south side in Apache Junction, AZ. As the rezoning requires it, there will be one paved, handicap accessible parking spot installed on the property. The property is accessed from the north via Akron street, with the driveway being on the east end of the property. Circulation System: There is an existing picnic table and gazebo located in the center of the lot with native shrubs around it. Development Schedule: As soon as the rezone has been approved, the construction permit, which has been submitted since February 2023, can be approved and then the reconstruction of the fire damaged unit will be finished. The proposed development is reconstruct unit 4 with a modification of lengthening the unit to the south by 19’, thereby making that setback 15’1” to the property line, or center of the block wall. Once complete, unit 4 will actually be two, one bedroom / one bathroom units with a common wall separating them. The carport that was removed from unit 4 was moved to the south side of unit one and is currently being utilized by that unit. All units will have two parking spaces that are covered with compacted asphalt millings and unit two will have a handicap accessible parking space out front that will be constructed of concrete. At this time, there are no other development plans for this property. To summarize, of the four original units, units 1, 2 and 3 will remain as is. Unit 4 will be reconstructed with additional sq ft added. Community Facilities and Services: No new amenities are planned or proposed. Public Utilities and Services: SRP, SWG, Arizona Water, Waste Connections, Rural Metro, Maricopa County Sheriff, on-site septic. There are two septic tanks onsite. Buildings 1 and 2 are on one septic tank and buildings 3 and 4 are on another septic tank. These septic tanks were pumped and inspected in 2020 and deemed in good working order. UPDs: Regulation Proposed Zone Regulation (R- 5 RUPD) Proposed Zone Change for Lane Property Maximum Height 40' 40' Minimum Front Yard 20' 20’ Minimum Side Yard 5' (2’9”) *unit 1 - 2'9" West side Minimum Street-side yard 10' 10' Minimum Rear Yard 25' (15’ 1”) 4 South side Minimum Lot Area 6,000 sq ft 4,000 sqft Minimum Lot Width* 60' 60' Lot Area Per Dewelling Unit** 1,000 sq ft 1,000 sq ft Maximum Lot Coverage 60% 60% Parking Spaces 2 per unit 2 per unit Compliance With City/Town General Plan: This property has been used as multi family since 1959. All utilities and uses are to remain the same; this request is to bring the zoning into compliance with the past and current use. Thus far this change has had the support of staff. Page 1 of 1 Bob Fedorka, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 www.maricopa.gov/planning Email address: bob.fedorka@maricopa.gov Planning & Development Engineering Plan Review Date: November 2, 2023 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Paola Jaramillo-Quintero, Planner, Planning & Development Services From: Bob Fedorka, P.E., Engineering Supervisor, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2023120 - Zone Change (E1 Memo) Job Site Address: 10443 E. Akron St, Apache Junction APN(s): 220-47-060A This application is to specify zoning for an existing developed site and does not include a Plan of Development. PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the Zone Change application routed for review on November 1, 2023, and has no objections subject to the following conditions: 1. No development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. Please contact me if you have any questions or require any additional information.