Z2019094 BOS REPORT.PDF

Maricopa County — Formal (2020-08-19)

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August 19, 2020
Z2019094
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:

Z2019094 – 18507 W Van Buren St

Supervisor District:
4

Applicant & Owner:
Brian Smith

Request:
Special Use Permit (SUP) for Interim Industrial Uses in the Rural-
43 Zoning District

Site Location:
Generally located approx. 1,146’ south of the SEC of Perryville
Rd. & Van Buren St. in the Goodyear area

Site Size:
Approx. 1.2 acres

County Island Status:
Yes, Goodyear
Additional
Comments:
The applicant seeks a SUP for interim industrial uses for a
construction yard. The subject property is located within the
White Tank/Grand Avenue Plan as a Small Lot Residential (2-
5 d.u./acre) land use and in the Goodyear 2025 General Plan
as a neighborhood land use. As interim industrial uses with a
ten-year timeframe, the SUP will have no adverse impact on
the Comprehensive Plan or Goodyear’s Municipal Plan. No
comments were received from relevant municipalities. There
is no known opposition.

Commission

Recommendation:
On 7/23/20, the Commission voted 6-0 to recommend
approval of Z2019094 subject to conditions ‘a’ – ‘h’:

a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Special Use Permit for 18507 W Van Buren St“, consisting of 2 full-size
sheets, dated June 4, 2020, and stamped received June 23, 2020, except as
modified by the following conditions.

b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “18507 W Van Buren St., Goodyear, AZ 85338”, consisting of 4
pages, dated June 4, 2020, and stamped received June 23, 2020 except as
modified by the following conditions.

c.
The following Planning Engineering conditions shall apply:

August 19, 2020
Z2019094
Page 2 of 3
1.
Building and floodplain use permits for the site work shown on the approved
plans must be applied for within six (6) months of BOS approval; and
completed within six (6) months thereafter.

2.
Any renovation to existing buildings on site must comply with the Flood
Control District’s and FEMA’s Substantial Improvement requirements.

3.
Any volume displacement for new construction within the FEMA Zone AH
floodplain shall be equally compensated from within the same ponding
area.

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 must be submitted with the
application for building permits.

d.
This special use permit shall expire on August 19, 2030, or upon termination of the
use for a period of 120 or more days, whichever occurs first. All site improvements
associated with the special use permit shall be removed within 120 days of such
expiration or termination of use.

e.
The following Rural-43 Zoning District standards shall apply:

1.
Pavement for Parking Spaces and Internal Driveways – May be waived with
acceptance of dust control plan by Maricopa County Air Quality Control
except for ADA parking spaces
2.
Sight Visibility Triangle – Not required

f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.

g.
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.

August 19, 2020
Z2019094
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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 Special Use Permit. The Special Use Permit enhances the value
of the property above its value as of the date the Special Use Permit is granted
and reverting to the prior zoning results in the same value of the property as if the
Special Use Permit had never been granted.

Presented by:

Adam Cannon, Planner
Reviewed by:

Darren Gerard, AICP, Planning Manager

Attachment:

7/23/20 P&Z Packet (16 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.

Z2019094
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:
Z2019094 – 18507 W Van Buren St

Hearing Date:
July 23, 2020

Supervisor District:
4

Applicant & Owner:
Brian Smith

Request:
Special Use Permit (SUP) for Interim Industrial Uses in the Rural-43
Zoning District

Site Location:
Generally located approx. 1,146’ south of the SEC of Perryville Rd. &
Van Buren St. in the Goodyear area

Site Size:
Approx. 1.2 acres

Density:
N/A

County Island:
Yes, Goodyear

County Plan:
White Tank/Grand Avenue – Small Lot Residential (2-5 d.u./ac)

Municipal Plan:
Goodyear General Plan - Neighborhood

Municipal Comments:
None received to date

Support/Opposition:
None received to date

Recommendation:
Approve with conditions

Z2019094
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Project Summary:

1.
The applicant is requesting a SUP for Interim Industrial Uses. This is a construction yard
where workers will store their trucks and tools on site. The interim period will run for the
length of the SUP approval or ten years at which point a new SUP will need to be
obtained. The subject property is located in the Goodyear area south of Van Buren St.
between Perryville Rd. and Citrus Ave. and is designated as Small Lot Residential (2-5
d.u./acre) in the White Tank/Grand Avenue Area Plan.

2.
The subject site is currently utilized as a Construction Yard. A violation case is present on
the site (V201802214) for a home occupation without a Special Use Permit. The applicant
has entered into a Compliance Agreement with Code Compliance that requires them
to apply and receive a Special Use Permit for this site. All fees associated with the
compliance agreement and violation case have been paid to date. The subject site is
developed with existing structures (office, gate and accessory storage) associated with
interim industrial uses. The total lot coverage is 3,092 square feet.

3.
The subject site is zoned Rural-43. The base and requested zoning standards for this district
are listed below:

REGULATION
BASE ZONING DISTRICT
STANDARDS (Rural-43)
PROPOSED STANDARDS
(Rural-43 SUP)
Height
30'
30’
Front Yard
40'
40’
Side Yard
30'
30’
Rear Yard
40'
40’
Lot Area
43,560
43,560
Lot Width
145’
145’
Lot Area per Dwelling Unit
43,560
43,560
Lot Coverage
25%
25%
Pavement for Parking
Spaces & Internal
Driveways
Required
May be waived with acceptance of
dust control plan by Maricopa
County Air Quality Control except
for ADA parking spaces
Sight Visibility Triangle
Required
Not Required

4.
The applicant is requesting to vary the paved parking requirement with the acceptance
of a dust control plan by Maricopa County Air Quality Control as there is existing regular
dust control treatment that takes place on site. Based upon a review of the online Air
Quality Control portal, there does not appear to be an approved dust control plan in
place. The applicant is requesting to waive the requirement for the four sight visibility
triangles (two at the north side access point and two at the south side access point) as
the site has existed in its current formation for years and has not presented sight visibility
issues or issues associated with access.

Z2019094
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Exhibit 1 – 2020 Aerial Map

Exhibit 2 – Rural-43 Zoning District and Surrounding Zoning Districts

Z2019094
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Exhibit 3 – Site Plan

Existing On-Site and Adjacent Zoning / Land Use:

5.
On-site:

Rural-43 / Industrial
North:
Rural-43 / Industrial
South:
Rural-43 / Residential
East:
Rural-43 / Industrial
West:
Rural-43 / Residential

Utilities and Services:

6.
Water:

On-Site Well
Wastewater:
On-Site Septic
Fire:
Buckeye Valley Fire District
Police:
MCSO

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*
Existing Classification
Future Classification
Van Buren St.
40’
65’
Principal Arterial
Minor Arterial

*This site does not front Van Buren St. and is not required to dedicate additional R/W to MCDOT.

Z2019094
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Adopted Plan:

8.
White Tank/Grand Avenue Area Plan (Adopted: 2000): This plan identifies the subject
area as Small Lot Residential (2-5 d.u./ac). The Small Lot Residential category identifies
areas where increased residential density development is appropriate and urban
services such as sewer, water, schools, parks and fire protection are available.

Goodyear 2025 General Plan (Adopted: 2014): The subject property is designated as a
Neighborhood land use in the Goodyear General Plan. The Neighborhood category
provides areas for the growth and development of neighborhoods. Neighborhoods
include a wide range of densities and housing products, public and community facilities
such as schools and places of worship, and commercial uses at appropriate intensities
and locations.

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 submitted a Public
Participation Results Report. No concerns were shared in the Results Report regarding the
SUP request.

Outstanding Concerns from Reviewing Agencies:

10.
N/A

Staff Analysis:

11.
Staff is supportive of this SUP request for interim industrial uses. The request meets most
district standards and there are properties north and east of the site with similar uses. The
site is appropriately screened from abutting residential properties. Van Buren St. is a
principal arterial for the area and the ingress/egress easement to the site is limited to
serving the subject site and only a couple of neighboring properties. The applicant is
requesting two standards to be varied including the paved parking requirement and
sight visibility triangle requirement. Staff finds the requests reasonable in that the
applicant has agreed to adhere to a Maricopa County Air Quality Control approved
dust control plan and the one-way closed circulation pattern already present on the site
makes the sight visibility triangle unnecessary. Staff believes that the applicant has acted
in good faith to notify nearby owners of the proposed change and to provide ample
opportunity to make comments. The violation case (V201802214) is for the operation of
a commercial business in a Rural zoning district. Based upon historical aerial
photography, it appears that the business has been in operation for at least 12 years
under two separate owners. The current owner purchased the property in 2011. The
owner signed a compliance agreement with Code Compliance in 2020 that required the
owner pay a non-compliance fee and apply and receive a special use permit. The
owner has complied with the requirements of the compliance agreement.

Z2019094
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Recommendation:

12.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘h’.

c.
The following Planning Engineering conditions shall apply:

1.
Building and floodplain use permits for the site work shown on the approved
plans must be applied for within six (6) months of BOS approval; and
completed within six (6) months thereafter.

2.
Any renovation to existing buildings on site must comply with the Flood
Control District’s and FEMA’s Substantial Improvement requirements.

3.
Any volume displacement for new construction within the FEMA Zone AH
floodplain shall be equally compensated from within the same ponding
area.

5.
Detailed Grading and Drainage Plans must be submitted with the
application for building permits.

e.
The following Rural-43 Zoning District standards shall apply:

Z2019094
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f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.

g.
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.

h.
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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 Special Use Permit. The Special Use Permit enhances the value
of the property above its value as of the date the Special Use Permit is granted
and reverting to the prior zoning results in the same value of the property as if the
Special Use Permit had never been granted.

Presented by:
Adam Cannon, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor