Z2020067 BOS REPORT.PDF

Maricopa County — Formal (2020-10-07)

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October 7, 2020
Z2020067
Page 1 of 4
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department

Board Hearing Date:
October 7, 2020

Case #/Title:

Z2020067 – Holt Property

Supervisor District:
5

Applicant/Owner:
William Lally, Tiffany & Bosco, PA / William D. Holt

Request:
Modification of Condition to Z2019043

Site Location:
Approx. 1,500 ft. north of the NWC of the intersection of the
202 Freeway and Baseline Rd.

Site Size:
Approx. 1.6 acres

County Island Status:
N/A
Additional
Comments:
There are no outstanding concerns from reviewing agencies.

The applicant is requesting to modify (eliminate) condition ‘i’
of Zone Change Z2019043, Rural-43 (RU-43) to Commercial-2
Commercial Unit Plan of Development (C-2 CUPD), approved
by the Board of Supervisors (BOS) January 15, 2020. Approval
of the current request to eliminate the condition would allow
approval of a Plan of Development (POD) for a billboard
without having to first obtain POD approval and commercial
construction permitting for an initial, primary use other than a
billboard by January 15, 2023 (i.e. 3 years from BOS approval
of Z2019043). Existing language of Z2019043 condition ‘i’
requested to be deleted in its entirety:

i.
Zoning approval is conditional per MCAO Article 304.6.
A
POD
must
be
approved
and
commercial
construction permit establishing an initial primary use
other than a billboard within 3 years.

Staff has numerous concerns about the appropriateness of
commercial zoning on this property, thus, the zoning approval
was conditional upon establishment of a primary use other
than a billboard within 3 years. The conditional zoning was
specific to an initial (emphasis added) primary use other than
a billboard in order to address Arizona Department of
Transportation’s (ADOT’s) concerns. Staff recommended
denial of the original C-2 CUPD zoning request because the
site does not have water, sewer, electrical services or

October 7, 2020
Z2020067
Page 2 of 4
arterial/collector access. Access is only a local street (in fact
at present the access is only a 15 ft. wide easement that is dirt
and insufficient to pave for two-way traffic). Neither is the site
immediately adjacent to existing commercial zoning along
an arterial/collector. However, the BOS determined the site
was appropriate for C-2 CUPD zoning with approval of
Z2019043. It was approved subject to conditional zoning that
required a POD for an initial primary use other than a billboard
within three years. The reason for conditional zoning was
arguably two-fold. First, if the site does not have infrastructure
sufficient for commercial development within a certain
timeframe then it would appear the commercial zoning
entitlement is premature. Second, ADOT will not license an
offsite advertising sign / billboard on a site unless it is proximate
to other commercial or industrial development. Regarding
the latter point, staff believes we may have overstepped our
charge with a stipulation prohibiting billboards as an initial,
primary use. The ordinance considers a billboard a primary
use and permitted in commercial zoning. ADOT has not
commented on the subject request to delete/modify
conditions. It is ADOT’s charge to determine and license
billboards based upon proximity to other commercial uses. It
is not a County zoning concern. Regarding the former point,
the
site
was
previously
determined
appropriate
for
commercial zoning and thus a permitted billboard addresses
the conditional zoning. However, if the BOS wants to maintain
the commercial zoning and/or see commercial development
other than a billboard within a certain timeframe, then staff
would suggest the following condition be applied:

i.
Zoning approval is conditional per MCZO Article 304.6.
A
POD
must
be
approved
and
commercial
construction establishing a primary use other than a
billboard within 3 years. If the C-2 CUPD zoning is
revoked due to non-compliance with the terms of the
conditional zoning, the existing billboard and support
structure shall be removed at the owner’s expense
within 30 days of said revocation.

Commission

Recommendation:
On September 10, 2020, the Commission voted 6-0 to
recommend approval of Z2020067 subject to conditions ‘a’ –
‘h’:

a.
Any future C-2 uses shall require a POD to be approved by the Board of
Supervisors, and the POD application must include an engineered grading and
drainage plan and a signed and sealed Traffic Statement.

b.
Development of the site shall be in substantial conformance with the Site Plan
entitled "Request for Rezoning From Rural-43 to C-2 CUPD", consisting of 1 full-size

October 7, 2020
Z2020067
Page 3 of 4
sheet, dated September 9, 2019, and stamped received September 9, 2019,
except as modified by the following conditions.

c.
Development of the site shall be in substantial conformance with the Narrative
Report entitled "Holt Property Rezone", consisting of 6 pages, dated September 9,
2019, and stamped received September 9, 2019, except as modified by the
following conditions.

d.
The following C-2 CUPD standards shall apply:
1.
Off-site Sign Height: 45 feet.
2.
Off-Site Sign Maximum Size: 672 square feet.
3.
Rear yard setback: 1 foot.
4.
Setback to RU-43: 0 foot.
5.
Setback to RU-43 for Illuminated off-Site Sign: 0 foot.
6.
The CUPD shall limit the use of the property to those accommodated by
septic,
acceptable
to
Maricopa
County
Environmental
Services
Department (MCESD) until such time as sewer serves the property.

e.
The following Planning Engineering conditions shall apply:

1.
The Plan of Development application must include an engineered grading
and drainage plan and a signed and sealed Traffic Study/Statement

2.
Without the submittal of a precise plan of development, no new or existing
development approval is inferred by this 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.

3.
All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies
and Standards; Floodplain Regulations for Maricopa County; MCDOT
Roadway Design Manual; and current engineering policies, standards and
best practices at the time of application for construction.

4.
Engineering review of planning and/or zoning cases is for conceptual
design only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.

f.
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.

October 7, 2020
Z2020067
Page 4 of 4
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.

h.
The zone change with CUPD overlay is applied to restrict the use of the property
until such time as the property is served by sewer, uses on the property 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.

Presented by:

Sean Watkins, Planner
Reviewed by:

Darren V. Gérard, AICP, Planning Services Manager

Attachment:

9/10/20 P&Z Packet (16 pages)

Note:
9/10/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.

Z2020067
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
Z2020067 – Holt Property

Hearing Date:
September 10, 2020

Supervisor District:
5

Applicant:
William Lally, Tiffany & Bosco, PA

Owner:
William D. Holt

Request:
Modification of Condition to Z2019043

Site Location:
Approx. 1,500 ft. north of the NWC of the intersection of the
202 Freeway and Baseline Rd.

Site Size:
Approx. 1.6 acres

Density:
N/A

County Island:
No

County Plan:
Laveen – Small Lot Residential (2-5 d.u./ac)

Municipal Plan:
Phoenix – Undesignated

Municipal Comments:
None

Support/Opposition:
No known public opposition

Recommendation:
Approve with conditions

Z2020067
Page 2 of 7
Project Summary:

1.
The applicant is requesting to modify (eliminate) condition ‘i’ of Zone Change Z2019043,
Rural-43 (RU-43) to Commercial-2 Commercial Unit Plan of Development (C-2 CUPD),
approved by the Board of Supervisors (BOS) January 15, 2020. The subject property is
104-86-002Z, which comprises approximately 1.6 acres located approximately 1,500 ft.
north of the NWC of the intersection of the new 202 Freeway and Baseline Road.

2.
Approval of the current request to eliminate the condition would allow approval of a
Plan of Development (POD) for a billboard without having to first obtain POD approval
and commercial construction permitting for an initial, primary use other than a billboard
by January 15, 2023 (i.e. 3 years from BOS approval of Z2019043).

3.
Existing language of Z2019043 condition ‘i’ requested to be deleted in its entirety:

i.
Zoning approval is conditional per MCAO Article 304.6. A POD must be approved
and commercial construction permit establishing an initial primary use other than
a billboard within 3 years.

4.
The current C-2 CUPD zoning of the subject property was approved on January 15, 2020
per Z2019043. Staff has numerous concerns about the appropriateness of commercial
zoning on this property, thus, the zoning approval was conditional upon establishment of
a primary use other than a billboard within 3 years. The conditional zoning was specific
to an initial (emphasis added) primary use other than a billboard in order to address
Arizona Department of Transportation’s (ADOT’s) concerns.

Z2020067
Page 3 of 7

Zoning Map

2020 Aerial Photograph

Phoenix

Z2020067
Page 4 of 7
Existing On-Site and Adjacent Zoning / Land Use:

5.
On-site:

Commecial-3 CUPD / Billboard
North:
Rural-43 / Single Family Residences
South:
Rural-43 / Vacant
East:
Residential1-8 (City of Phoenix) / Vacant
West:
Rural-43 / Vacant

Utilities and Services:

6.
Water:

None (well proposed with future POD)
Wastewater:
None (on-site septic proposed with future POD)
School Districts:
#59 Laveen Elementary District and #10 Phoenix Union High School
District
Fire:
Laveen
Police:
Maricopa County Sheriff’s Office

Right-of-Way:

7.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT)
Major Streets and Routes Plan.

Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Unknown
Unknown
Unknown
Unknown

Adopted Plan:

8.
Laveen Area Plan, adopted February 18, 1992 – Small Lot Residential (2-5 d.u./ac).

9.
City of Phoenix General Plan, revised April 16, 2019 – Undesignated Area

Public Participation Summary:

10.
The applicant complied with the Maricopa County Public Participation Process with the
required notification by first class mail to the adjacent property owners within 300’ of the
subject site and interested parties. To date there is no known opposition or support by the
public.

Outstanding Concerns from Reviewing Agencies:

11.
N/A

Staff Analysis:

12.
Staff recommended denial of the original C-2 CUPD zoning request because the site does
not have water, sewer, electrical services or arterial/collector access. Access is only a
local street (in fact at present the access is only a 15 ft. wide easement that is dirt and
insufficient to pave for two-way traffic). Neither is the site immediately adjacent to
existing commercial zoning along an arterial/collector; however, P&Z/BOS determined

Z2020067
Page 5 of 7
the site was appropriate for C-2 CUPD zoning. It was approved subject to conditional
zoning that required a POD for an initial primary use other than a billboard within three
years. The reason for conditional zoning was arguably two-fold: First, if the site does not
have infrastructure sufficient for commercial development within a certain timeframe
then it would appear the commercial zoning entitlement is premature. Second, ADOT will
not license an offsite advertising sign / billboard on a site that is not proximate to other
commercial or industrial development. Regarding the latter point, staff believes we may
have overstepped our charge with a stipulation prohibiting billboards as an initial, primary
use. The ordinance considers a billboard a primary use and permitted in commercial
zoning. ADOT has not commented on the subject request to delete/modify conditions. It
is ADOT’s charge to determine and license billboards based upon proximity to other
commercial uses. It is not a County zoning concern. Regarding the former point, the site
was previously determined appropriate for commercial zoning and thus a permitted
billboard addresses the conditional zoning. However, if the P&Z/BOS do want to maintain
the commercial zoning and/or see commercial development other than a billboard
within a certain timeframe, then staff would suggest the following condition be applied:

i.
Zoning approval is conditional per MCZO Article 304.6. A POD must be approved
and commercial construction establishing a primary use other than a billboard
within 3 years. If the C-2 CUPD zoning is revoked due to non-compliance with the
terms of the conditional zoning, the existing billboard and support structure shall
be removed at the owner’s expense within 30 days of said revocation.

13.
Staff is supportive of removing the conditional zoning based on the understanding
previous BOS approval determined the site is appropriate at this time for commercial
zoning and development. Staff is in support of removing condition ‘i’ ,thus allowing the
POD for a billboard to process independent of any other use of the site. It will allow the
applicant to comply with the recently revised terms of CA and obtain POD and as-built
permit approval for a billboard that already exists on the property in advance of
entitlement and permitting of any other use. Construction and use of the billboard only
is not anticipated to result in issues regarding access to the subject property or on-site
parking and paving.

Recommendation:

14.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to remaining conditions “a” through “h” of Z2019043.

b.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Request for Rezoning From Rural-43 to C-2 CUPD“, consisting of 1 full-size
sheet, dated September 9, 2019, and stamped received September 9, 2019,
except as modified by the following conditions.

c.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Holt Property Rezone”, consisting of 6 pages, dated

Z2020067
Page 6 of 7
September 9, 2019, and stamped received September 9, 2019, except as
modified by the following conditions.

e.
The following Planning Engineering conditions shall apply:

1.
The Plan of Development application must include an engineered grading
and drainage plan and a signed and sealed Traffic Study/Statement

f.
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.

g.
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

Z2020067
Page 7 of 7
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:
Sean Watkins, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Services Manager

Attachments:
Case Map (1 page)

Letter to Board of Supervisors (1 page)

Approval Letter for Z2019043 (3 pages)

Aerial Photograph Exhibit (2 pages)

MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 1 approx.

Generated August 25, 2020 10:34 AM
Z2020067
Application Name:
Legal Description
ZC Modification of Stipulation
Applicant
Case Address
T01N R02E 031,
Jacob Zonn for Becker Boards
7015 S 62ND Ave
Applicant Phone/Email
Parcel Primary: 104-86-002Z
602.616.5031
JZonn@beckerboards.com
LAVEEN AZ 85339
Map scale 1:829
Supervisor District No.
HOLT PROPERTY - MODIFICATION OF CONDITION FOR C-2 CUPD ZONING (REF.: CONDITION 'I' OF
Z2019043)

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