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August 19, 2020 Z2018102 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: August 19, 2020 Case #/Title: Z2018102 - Southwest Barricades Supervisor District: 3 Applicant/Owner: Rod Jarvis, Earl & Curley/ Applied Investments 2 LLC Request: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located 520’ east of the southeast corner of 19th Avenue and Parkview Lane in the Phoenix area Site Size: Approximately 4.88 acres County Island Status: Yes (Phoenix) Additional Comments: The proposal is for the continued use of the subject site as a contractor storage yard and associated uses. The site has a violation (V201800270) of Section 503, Article 503.2 of the MCZO Rural-43 zoning standards for operating without proper entitlement. The site is located in a Phoenix county island and designated for Commerce/Business Park by the City’s Plan. The City of Phoenix staff stated there were no comments. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 7/23/20, the Commission voted 6-0 to recommend approval of Z2018102 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Southwest Barricades”, consisting of 2 full-size sheets, dated October, 2019, and stamped received May 14, 2020. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Southwest Barricades Narrative Report”, consisting of 6 pages, dated May 11, 2020, and stamped received May 14, 2020, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Retention basins must drain within 36 hours. Minimum drywell spacing in the retention basin shall be 50 feet. August 19, 2020 Z2018102 Page 2 of 3 2. This site is encumbered by federal patent easements. No new improvements may be constructed within the easements. Certain entities have the right to work within or otherwise use these easements which may cause damage to or removal of the existing perimeter fence and/or material located within the easements. Approval of this application does not constitute permission to interfere with or use the easements in any way. 3. A minimum 25 foot separation is required between retention basins and septic facilities. 4. 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. 5. Detailed Grading and Drainage Plans indicating that the site will drain towards the retention basin(s) will be required with the submission of building/grading permit application(s). d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. The following IND-2 IUPD standards shall apply: 1. Front Yard 5-feet 2. Side Yard, 0-feet 3. Corner Side Yard, 0-feet 4. Rear Yard, 0-feet 5. Enclosure and Screening, existing 6’(h) chain link f. The zone change is applied to restrict the use of the site. 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. 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 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 August 19, 2020 Z2018102 Page 3 of 3 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: Eric R. Smith, Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachment: 7/23/20 P&Z Packet (20 pages) Note: 7/23/20 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2018102 Page 1 of 7 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2018102 - Southwest Barricades Hearing Date: July 23, 2020 Supervisor District: 3 Applicant: Rod Jarvis, Earl & Curley Owner: Applied Investments 2 LLC Requests: Zone change from Rural-43 to IND-2 IUPD Site Location: Generally located 520’ east of the southeast corner of 19th Avenue and Parkview Lane in the Phoenix area Site Size: 4.88 acres Density: N/A County Island: Yes (Phoenix) County Plan: Rural Development Area (0-1d.u./ac) Municipal Plan: City of Phoenix – Commerce/Business Park Municipal Comments: None Support/Opposition: None known Recommendation: Approve with conditions Z2018102 Page 2 of 7 Project Summary: 1. The proposal is for the continued use of the subject site as a contractor storage yard. The site is in operation in violation (V201800270) of the MCZO Rural-43 zoning standards. There is no entitlement for the site. The facility would have outdoor storage, along with associated uses such as offices, maintenance buildings, sales of materials and commercial vehicle storage and parking. Minor equipment maintenance will also be done on site. The site presently contains two separate companies under a single ownership. Neither business is retail commercial sales to the general public. Barricades & Contracting/Construction Equipment; the customers are public and private projects and contractors for utility work, road projects, light rail construction, and special events. For the Rock materials—the customers are landscapers, and landscaping material storage. These companies are separated by chain link 6’ (h) fencing. Southwest Barricade company is the west-half of the site along with “Southwest Signs”, and is used as a contractor storage yard, materials/outdoor storage and related sales; and the east-half is operated as “The Stone Yard” a landscaping rock and groundcover business, acting as a contractor storage yard with materials/outdoor storage and related sales. Both businesses have offices, storage buildings and ancillary vehicle maintenance and parking. A six-foot (6’ h) chain link fence surrounds the entire site and will remain. 2. Site access is via two (2) 25-ft (w) gated driveways onto Parkview Lane. Parkview Ln., connects to 19th Ave. to the west which provides regional connections to Happy Valley Road, Pinnacle Peak Road, the Loop 101 and (I-17) Interstate 17. According to the narrative, outdoor lighting shall be in conformance with the provisions in Chapter 11, Section 1112, of the Zoning Ordinance. Outdoor lighting is not presently proposed, but may occur for security purposes as either building-mounted or pole-mounted security lighting. Orientation and location shall be such as to not affect adjoining properties. No signage presently exists on the site. Any proposed signage will have to conform to the IND-2 zoning district requirements. 3. Standards deviations are requested due to the industrial nature of the area (both uses and zoning), and the lack of residential opportunities in the area. Staff notes the proximity of the Deer Valley Airport to the south. Surrounding uses are industrial in nature, though they are not entitled as such. The Office and Limited Retail business hours of operations are 8 a.m.- 5 p.m., 7 days a week. The Barricades & Contracting/Construction Equipment has to be available 24 hours a day, 7 days a week. The 60% lot coverage request is due primarily to the outdoor storage of rocks, groundcover, pavement millings, inert fill materials (primarily soil), and other construction materials as well as the parking of business-related commercial trucks. Development Standard IND-2 Zoning District Requirements IND-2 IUPD Development Standards Height 40-feet 40-feet Front Yard 15-feet 15-feet Front Yard 10-feet 5-feet Side Yard 5-feet 0-feet Corner Side Yard 15-feet 0-feet Rear Yard 25-feet 0-feet Lot Coverage 60% 60% Enclosure and Screening solid 6’(h)masonry wall existing 6’(h) chain link fencing Z2018102 Page 3 of 7 Zoning Map Aerial-photo Z2018102 Page 4 of 7 Site Plan Existing On-Site and Adjacent Zoning / Land Use: 4. On-site: Rural-43/ Rock/construction storage North: Parkview Ln. then Rural-43/ Tree farm & storage South: City of Phoenix CP/GCP / Vacant East: Rural-43/ Tree Trimming Co. West: Rural-43/Vacant Utilities and Services: 5. Water: City of Phoenix Wastewater: Septic School District: Deer Valley Unified School District Fire: Daisy Mountain Fire District Police: MCSO Right-of-Way: 6. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Park View Lane 30’ 3’ none 17th Avenue 0’ 0’ none Z2018102 Page 5 of 7 Adopted Plans: 7. Vision 2030 Comprehensive Plan (adopted January 2016): The property is designated for Rural Development Area (0-1d.u./ac.) 8. City of Phoenix General Plan: The property is designated for Commerce/Business Park. Public Participation Summary: 9. 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 did not receive opposition to the proposal during the public participation process. No feedback was received. Outstanding Concerns from Reviewing Agencies: 10. N/A Staff Analysis: 11. With the current Rural-43 zoning, the current material storage operation, ancillary sales, maintenance and related offices for these companies are not allowed without the proper zoning designation. There will be no additional structures in addition to those existing. The buildings on site appears in aerial photos from the year 2000. The uses are compatible with neighboring uses, as there are a number of properties in the County as well as the City of Phoenix with commercial and light industrial establishments and uses. The closest residential zoning is approximately ½ mile west of the subject site. The IUPD designation allows changes to the underlying zoning standards which in this case includes septic use screening requirements and required yard setbacks. 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. The City of Phoenix had no concerns. The public health safety and general welfare are not affected by the proposal. Staff believes the rezoning request is compatible with neighboring uses. The subsequent zone change request is consistent with the Phoenix General Plan designates the area as Industrial/Commerce Park. Recommendation: 12. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Southwest Barricades”, consisting of 2 full-size sheets, dated October, 2019, and stamped received May 14, 2020. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Southwest Barricades Narrative Report”, consisting of 6 pages, Z2018102 Page 6 of 7 dated May 11, 2020, and stamped received May 14, 2020, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Retention basins must drain within 36 hours. Minimum drywell spacing in the retention basin shall be 50 feet. 2. This site is encumbered by federal patent easements. No new improvements may be constructed within the easements. Certain entities have the right to work within or otherwise use these easements which may cause damage to or removal of the existing perimeter fence and/or material located within the easements. Approval of this application does not constitute permission to interfere with or use the easements in any way. 3. A minimum 25 foot separation is required between retention basins and septic facilities. 4. 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. 5. Detailed Grading and Drainage Plans indicating that the site will drain towards the retention basin(s) will be required with the submission of building/grading permit application(s). d. The applicant/property owner shall submit a ‘will serve’ letter for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. e. The following IND-2 IUPD standards shall apply: 1. Front Yard 5-feet 2. Side Yard, 0-feet 3. Corner Side Yard, 0-feet 4. Rear Yard, 0-feet 5. Enclosure and Screening, existing 6’(h) chain link f. The zone change is applied to restrict the use of the site. 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. 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 Z2018102 Page 7 of 7 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: Eric R. Smith, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 2 pages) Narrative Report (6 pages) Engineering comments (2 pages) MCESD comments (1 page) City of Phoenix comment(1 page)