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August 19, 2020
Z2020021
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:
Z2020021 – Fry’s Shops Monument Signs
Supervisor District:
2
Applicant/Owner:
Kaytlin Fox, Evergreen – Development Company/
Evergreen – Broadway & Ellsworth, LLC & Smith’s Food & Drugs
Inc.
Request:
Amend the C-S CUPD overlay zoning district to allow two new
freestanding monument signs per street frontage
Site Location:
Generally located 200’ south and east of the southeast
corner of Ellsworth Rd. and Broadway Rd. in the Mesa area
Site Size:
Approximately 10 acres
County Island Status:
Yes (City of Mesa)
Additional
Comments:
The applicant, on behalf of the property owner, is requesting
to amend the existing CUPD overlay zoning district’s
development standards for a 10-acre C-S planned shopping
center zoning district in the Mesa Area. The purpose of the
revised CUPD request is to vary MCZO, Article 1403.2.3.3 that
limits freestanding signs to one per street frontage and if there
are more than one signs to one per street frontage these must
be spaced a minimum of 200 linear feet. The applicant is
requesting that this site be allowed to have two freestanding
monument signs per street frontage that can be spaced a
minimum of 100 linear feet. The proposed freestanding signs
will serve the tenants of the suites attached and south of the
existing
Fry’s
Food
&
Drug
Supermarket.
Since
the
development of the Fry’s Fuel Service Station in 2009 the
visibility of these suites has been obscured from view of traffic
traveling along Ellsworth Rd., which has reduced the number
of customers who visit these suites. Therefore, allowing these
separate tenants an extra sign to place their business names
per street frontage of the shopping center would be
beneficial for these businesses and increase their customer
base.
August 19, 2020
Z2020021
Page 2 of 3
There are no outstanding concerns from reviewing agencies.
The site is within the City of Mesa Municipal Planning Area, the
City of Mesa was notified and as of the date of this report,
staff have not received comments from the City concerning
this request. All property owners within 300’ and interested
parties of the site were notified; however, as of the date of
this report no support or opposition has been received.
Commission
Recommendation:
On 7/23/20, the Commission voted 6-0 to recommend
approval of Z2020021 subject to conditions ‘a’ – ‘i’:
a.
Development of the site shall be in substantial conformance the Site Plan entitled,
“Overall Site Plan”, consisting of one (1) full-size sheet, dated, April 30, 2020, and
stamped received May 7, 2020, except as modified by the following.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “435 & 439 S. Ellsworth Road”, consisting of four (4) pages, dated
April 30, 2020, and stamped received May 7, 2020, except as modified by the
following.
c.
Any new freestanding monument sign shall match the architecture and color
pallet of the existing shopping center.
d.
The following Maricopa County Environmental Services Department (MCESD)
comment shall apply:
1.
Will require minor NOID application approval.
e.
The following Planning Engineering conditions shall apply:
1.
Engineering review of planning and/or zoning cases are 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 the Maricopa County
Drainage Policies and Standards.
2.
All development and engineering designs shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
3.
At the time of application for building permit(s), detailed Grading &
Drainage Plans must be provided.
f.
The following C-S CUPD development standards shall apply:
1.
The ability to have two (2) freestanding monument signs per street frontage
at the location and per the standards identified in conditions ‘a’ and ‘b’.
August 19, 2020
Z2020021
Page 3 of 3
2.
The ability to place a freestanding monument sign a minimum of 100-feet
away from another freestanding monument sign.
g.
Noncompliance with any Maricopa County Regulations shall be grounds for
initiating a revocation of this zone change as set forth in the Maricopa County
Zoning Ordinance.
h.
The property owners and their successors waive claim of diminution of value if
Maricopa 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 land owner. The granting of this approval allows
the property owner to enjoy uses in excess of those permitted by the zoning that
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 to use, divide, sell or possess the property and that
there would be no diminution in value of the property from the value the property
held on the date of application due to such revocation of the Zone Change. The
Zone Change enhances the values 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:
Martin Martell, Planner
Reviewed by:
Darren Gerard, AICP, Deputy Director
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.
Z2020021
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2020021 – Fry’s Shops Monument Signs
Hearing Date:
July 23, 2020
Supervisor District:
2
Applicant:
Kaytlin Fox, Evergreen – Development Company
Owners:
Evergreen – Broadway & Ellsworth, LLC & Smith Food & Drug Centers
Inc.
Request:
Amend the C-S CUPD overlay zoning district to allow two (2) new
freestanding monument signs per street frontage
Site Location:
Generally located 200’ south and east of the southeast corner of
Ellsworth Rd. and Broadway Rd. in the Mesa area
Site Size:
Approx. 10 acres
Density:
N/A
County Island:
Yes (City of Mesa)
County Plan:
East Mesa Area Plan – Urban Residential/Low (0-6 du/ac)
Municipal Plan:
City of Mesa – Neighborhood Village
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2020021
Page 2 of 8
Project Summary:
1.
The applicant, on behalf of the property owner, is requesting a zone change from the
existing C-S CUPD to C-S with a new CUPD on a 10 acre site in the Mesa Area. The site is
generally located near the southeast corner of Ellsworth Rd. and Broadway Rd. and is an
existing shopping center. The purpose of the revised CUPD request is to vary Article
1403.2.3.3 of the Zoning Ordinance that allows one (1) freestanding sign per street
frontage and if there are more than one (1) sign per street frontage these must be
spaced a minimum of 200 linear feet from each other. The applicant is requesting that
this site be allowed to have two (2) freestanding monument signs per street frontage that
can be spaced a minimum of 100 linear feet from each sign.
2.
The new proposed freestanding signs will serve the tenants of the suites attached and
south of the existing Fry’s Food & Drug Supermarket. Since the development of the Fry’s
Fuel Service Station in 2009 the visibility of these suites has been obscured from view of
traffic traveling along Ellsworth Rd., which has reduced the number of customers who visit
these suites. Therefore, allowing these separate tenants an extra sign to place their
business names per street frontage of the shopping center would be beneficial for these
businesses and increase their customer base. The reason why the applicant is requesting
to permit freestanding signs less than 200 linear feet from each other on this site is because
any sign placed along Broadway Rd. would have to be less than 200 linear feet to outside
of the Sight-Visibility-Triangles of the property’s driveways. Thus, the proposal is to place
the new freestanding monument sign along Broadway Rd. 120-feet west of the exiting
freestanding monument sign that is on the northeast corner of the main north driveway
of the site. Additionally, the proposed freestanding monument sign along Ellsworth Rd.
would be placed 213-feet south of the existing sign on the northeast corner of the main
west driveway to access the site in front of the existing fuel canopy. The proposed
freestanding signs are designed to match the existing architecture and color pallet of
the existing shopping center. The height of each proposed sign will be nine (9) feet from
the finished grade and offer a sign area of 39.72 square feet, which will be in compliance
with the commercial zoning district sign requirements of the Zoning Ordinance.
3.
The site was rezoned from Rural-43 to C-S CUPD via zoning case Z98-08, which was
approved by the Board of Supervisors, subject to conditions ‘a’ –‘r’, on September 15,
1999. Condition ‘g’ of this rezoning case stated that only one (1) detached sign per street
frontage would be allowed on the site, which echoes Article 1403.2.3.3. of the Zoning
Ordinance. After the zoning case was approved the supermarket was constructed
between 1999 and 2000. Afterwards, in 2001 the attached suites were constructed,
followed by the supermarket’s fuel canopy that was constructed in 2009.
4.
The applicant is proposing to vary a requirement for signs in commercial zoning districts
from one (1) freestanding monument sign per street frontage, spaced a minimum of 200
linear feet apart to two (2) freestanding monument signs per street frontage, separated
a minimum of 100 linear feet from each other (see Development Standards Table on the
following page).
Z2020021
Page 3 of 8
Z2020021
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Z2020021
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5.
It should be noted that since the applicant is proposing a site plan (required plan of
development, POD) and although the zone change is a legislative approval, the POD is
administratively approved. Therefore, POD approval is contingent upon prior rezoning
approval.
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
C-S CUPD / Commercial shopping center
North:
C-1 CUPD, R-5 and C-3/ Retail, RV Park, and Bowling Alley
South:
R1-6/ Single-Family Residences
East:
R1-6 / Single-Family Residences
West:
C-2 CUPD & R1-8/ Retail & Single-Family Residences
Utilities and Services:
7.
Water:
City of Mesa
Wastewater:
City of Mesa
School District:
Mesa Unified School District
Fire:
Rural Metro Fire Department
Police:
MCSO
Z2020021
Page 6 of 8
Right-of-Way:
8.
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
Ellsworth Rd.
65’
65’
Major Arterial
Broadway Rd.
65’
65’
Major Arterial
Adopted Plans:
9.
East Mesa Area Plan (adopted February 18, 1992): The East Mesa Area Plan designates
the site as Urban Residential/Low Density (0-6 du/ac). This category denotes areas where
higher density residential development is appropriate, because all urban services are
available or plausible. Convenience commercial development may be located within
the area, especially for sites with direct access to arterial streets. The existing commercial
uses that are intended for the use by the surrounding neighborhoods is in concert with
the East Mesa Area Plan.
10.
City of Mesa’s 2040 General Plan (November 2014): The City of Mesa’s General Plan
designates the site as Neighborhood Village, which are designed to serve as commercial
and mixed use nodes of activity that serves the surrounding neighborhoods. The use of
the site as a commercial shopping center is conforming to this land-use designation.
Public Participation Summary:
11.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the property and notification by first class mail to adjacent property
owners within 300-feet of the subject parcel and interested parties. Furthermore, the initial
submittal was routed to the City of Mesa who had no comment. As of the date of this
report, staff has not received any letters of opposition.
Outstanding Concerns from Reviewing Agencies:
12.
N/A.
Staff Analysis:
13.
Staff is in support of this zone change with overlay request. The addition of one (1) extra
freestanding monument sign along both Ellsworth Rd. and Broadway Rd. would have a
minimal impact to the existing shopping center. Moreover, the new freestanding
monument signs will add new visibility for both the existing and future tenants to the
attached suites, bringing more life and business to this part the shopping center.
Recommendation:
14.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’ – ‘i’.
Z2020021
Page 7 of 8
a.
Development of the site shall be in substantial conformance the Site Plan entitled,
“Overall Site Plan”, consisting of one (1) full-size sheet, dated, April 30, 2020, and
stamped received May 7, 2020, except as modified by the following.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “435 & 439 S. Ellsworth Road”, consisting of four (4) pages, dated
April 30, 2020, and stamped received May 7, 2020, except as modified by the
following.
c.
Any new freestanding monument sign shall match the architecture and color
pallet of the existing shopping center.
d.
The following Maricopa County Environmental Services Department (MCESD)
comment shall apply:
1.
Will require minor NOID application approval.
e.
The following Planning Engineering conditions shall apply:
1.
Engineering review of planning and/or zoning cases are 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 the Maricopa County
Drainage Policies and Standards.
2.
All development and engineering designs shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance and current
engineering policies, standards and best practices at the time of
application for construction.
3.
At the time of application for building permit(s), detailed Grading &
Drainage Plans must be provided.
f.
The following C-S CUPD development standards shall apply:
1.
The ability to have two (2) freestanding monument signs per street frontage
at the location and per the standards identified in conditions ‘a’ and ‘b’.
2.
The ability to place a freestanding monument sign a minimum of 100-feet
away from another freestanding monument sign.
g.
Noncompliance with any Maricopa County Regulations shall be grounds for
initiating a revocation of this zone change as set forth in the Maricopa County
Zoning Ordinance.
h.
The property owners and their successors waive claim of diminution of value if
Maricopa County takes action to rescind approval due to noncompliance with
conditions.
Z2020021
Page 8 of 8
i.
The granting of this change in use of the property has been at the request of the
applicant, with the consent of the land owner. The granting of this approval allows
the property owner to enjoy uses in excess of those permitted by the zoning that
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 to use, divide, sell or possess the property and that
there would be no diminution in value of the property from the value the property
held on the date of application due to such revocation of the Zone Change. The
Zone Change enhances the values 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:
Martin Martell, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (4 pages)
MCESD comments (1 page)
DPR comments (2 pages)