Z2019129 BOS REPORT.PDF

Maricopa County — Formal (2020-08-19)

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August 19, 2020
Z2019129
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:

Z2019129 – 303 and Olive

Supervisor District:
4

Applicant/Owner:
William E. Lally, Tiffany & Bosco, P.A. / Jetsri Properties, Desert
Forest Nursery, Cromer LLC, Family First Invest, FHF LLC

Request:
Zone Change with Overlay from Rural-43 to C-2 CUPD

Site Location:
Generally located approximately 500’ south of the SEC of
Olive Ave. & Cotton Ln.

Site Size:
Approx. 38 acres

County Island Status:
City of Glendale
Additional
Comments:
The applicant proposes a Zone Change to C-2 with a CUPD
Overlay
for
requested
varied
billboard
development
standards and prohibiting of certain land uses. The subject
property is currently being used as a wholesale nursery
(approved with an Agricultural Exemption) and the proposed
would allow for commercial development along the Loop
303/Olive Ave. corridor. There is one email of opposition,
which was presented to the Commission; this is from a
neighbor adjacent to the subject site.

Commission

Recommendation:
On 7/23/20, the Commission voted 6-0 to recommend
approval of Z2019129 subject to conditions ‘a’ – ‘i’:

a.
Development of the site shall comply with the Zoning Exhibit entitled “Loop 303 &
Olive”, consisting of 1 full-size sheet, stamped received July 7, 2020, except as
modified by the following conditions.

b.
Development of the site shall be in general conformance with the Narrative Report
entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received
July 7, 2020, except as modified by the following conditions.

c.
The CUPD overlay 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

August 19, 2020
Z2019129
Page 2 of 3
system shall be required prior to establishment of any non-residential use that
requires potable water.

d.
The C-2 CUPD shall prohibit the following land uses: Medical Marijuana facilities,
Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for
restaurants.

e.
The following C-2 CUPD standards shall apply for the offsite (billboard) signage:

1.
Maximum height: 45’
2.
Maximum sign area: 672 sq. ft.
3.
Rear yard setback for APN 501-05-006M: 0’ (east)
4.
Setback to Rural-43 zoning: 0’ east and north/50’ south
5.
Setback to Rural-43 zoning for illuminated sign: 0’ east and north/50’ south
6.
Screening: no screening for billboard or nursery

f.
The following Engineering conditions shall apply:

1.
Without the submittal of a precise plan of development, no 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.

2.
Dedication of additional right-of-way along Cotton Lane may be required
as part of future site entitlements (i.e. plan of development).

3.
A Traffic Impact Study must be submitted with the application for future
entitlements (i.e. plan of development).

4.
An application for a CLOMR may be required concurrent with any future
entitlement application that would impact the FEMA Floodplain along
Cotton Lane.

5.
Engineering design for site development 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.

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
Z2019129
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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.
All buildings subject to noise attenuation as per ARS § 28-8482(B) and Maricopa
County requirements.

i.
The master developer shall notify future homeowners that they are located within
the state-defined “territory in the vicinity of a military airport” with the following
language:

“You are buying a home or property in the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. Your house should include
sound attenuation measures as directed by State law. You will be subject to direct
over flights and noise by Luke Air Force Base jet aircraft in the vicinity.

Luke Air Force Base executes over 200,000 flight operations per year, at an
average of approximately 170 overflights per day. Although Luke's primary flight
paths are located within 20 miles from the base, jet noise will be apparent
throughout the area as aircraft transient to and from the Barry M. Goldwater
Gunnery Range and other flight training areas.

Luke Air Force Base may launch and recover aircraft in either direction off its
runways oriented to the southwest and northeast. Noise will be more noticeable
during overcast sky conditions due to noise reflections off the clouds.

Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.

Such notification shall be recorded on all Final Plats, be permanently posted on
not less than a 3 foot by 5 foot sign in front of all home sales offices, be permanently
posted on the front door of all home sales offices on not less than an 8½ inch by
11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs)
as well as the Public Report and conveyance documents.

Presented by:

Ray Banker, Planner
Reviewed by:

Darren Gerard, AICP, Planning Manager

Attachments:

7/23/20 P&Z Packet (26 pages)

Email of Opposition (2 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.

Z2019129
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department

Case:

Z2019129 – 303 and Olive

Hearing Date:

July 23, 2020

Supervisor District:

Applicant:

William E. Lally, Tiffany & Bosco, P.A.

Owner:
Jetsri Properties, Desert Forest Nursery, Cromer LLC, Family First
Invest, FHF LLC

Request:
Zone Change with Overlay from Rural-43 to C-2 CUPD

Site Location:
Generally located approximately 500’ south of the SEC of Olive Ave.
& Cotton Ln.

Site Size:

Approx. 38 acres

Density:
N/A

County Island:

City of Glendale

County Plan:
White Tank/Grand Ave Area Plan – Rural Densities (0 – 1 d.u./ac.)
and part of the Olive Avenue Scenic Corridor

Municipal Plan:

City of Glendale 2040 – Regional Mixed Use (RMU)

Municipal Comments:
City of Glendale - no concerns per email

Support/Opposition:
None known

Recommendation:

Approve with conditions

Z2019129
Page 2 of 9
Project Summary:

1.
The applicant is requesting a Zone Change with Overlay from Rural-43 to C-2 CUPD for
the subject site. The property is approximately 38 acres and is located south and east of
the southeast corner of Olive Ave. and Cotton Ln. in the Glendale area. The site consists
of six separate parcels: 501-05-005R, 501-05-006L, 501-05-006M, 501-05-006R, 501-66-005S,
and 501-05-005U (portion of).

2.
The proposed Zone Change does not have a pending Plan of Development as part of
this submittal. The subject site is currently being used as a wholesale nursery and where
the C-2 zoning would allow a future retail component to the nursery as well as a real
estate office, equipment rentals, and offsite signage. There is an approved Agricultural
Exemption for the existing nursery under LU20120016 where the applicant is currently in
the process of submitting for a new exemption since the parcels and boundaries have
changed over the years.

2020 aerial of subject site and surrounding properties

3.
As part of the request, the applicant is proposing a 10.43-acre area of the 12.69 parcel
for 501-05-005U in addition to the other five mentioned parcels. This would limit the
commercial zoning along the southern boundary of the site where there is undeveloped
Rural-43 zoned land to the south. There are several residences located south of the site
along Cotton Ln. that have not responded to this request. There was also a recent
approval for a Special Use Permit (SUP) for a Rural-Metro Fire Station under case Z2019135
on APN 501-05-006Q, which is adjacent to the northwest corner of the subject site.

4.
The proposed CUPD zoning overlay is to amend the offsite signage (billboards)
development standards. The intent is to place the future signage along the eastern

Z2019129
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portion of the site so they can be viewed by the adjacent Loop 303. The proposed CUPD
standards are listed below. In addition to these standards, the applicant is proposing to
prohibit certain land uses as mentioned within the narrative report and provided below:

• Medical Marijuana facilities
• Adult Oriented facilities
• Automobile repair shops and garages
• Drive-thru restaurants

Z2019129 Proposed Offsite Sign Development Standards

Z2019129 Proposed Zoning Exhibit

Z2019129
Page 4 of 9
Existing On-Site and Adjacent Zoning / Land Use:

5.
On-site:
Rural-43 / Wholesale Nursery

North:
Arterial then Rural-43 / Olive Ave. then Vacant
South:
R1-6 RUPD / Vacant (future Northern Farms subdivision)
East:
Loop 303
West:
Arterial then Rural-43 / Cotton Ln. Vacant

Zoning of subject site and surrounding area

Utilities and Services:

6.
Water:

Well water
Wastewater:
Septic
Fire:
Not yet determined
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.

Z2019129
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Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Olive Ave.
varies – 126’ to 190’
has already been
obtained by the
County as part of
MCDOT Transportation
Improvement Project
Principal Arterial
Cotton Ln.
65’
65’ (no change at this
time)
Principal Arterial

Adopted Plans:

8.
White Tank/Grand Avenue Area Plan (Adopted 2000): The subject site is designated as
Rural Densities (0 – 1 d.u./ac.).

9.
City of Glendale 2040 General Plan (Adopted 2016): The City of Glendale General Plan
designates the site as Regional Mixed Use (RMU).

Public Participation Summary:

10.
The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site. The applicant did not receive any inquiries from the public.
Lastly, the applicant provided staff with a “Citizen Participation Results Report” which
explains that all requirements were met. Staff sent notifications to 300’ neighbors
regarding the case specifics and the related hearing information.

11.
Staff received an email from the City of Glendale (attached) which states that they do
not have any comments on this request. However, they are interested in assisting with
annexation of the property. The applicant noted in the narrative report that they will
reach out to the City once ready to fully develop the property.

Outstanding Concerns from Reviewing Agencies:

12.
N/A

Staff Analysis:

13.
Staff recommends approval of the subject request given that the site is located adjacent
to the Loop 303, which would allow for easy access from Olive Ave. Although there is
commercial zoning (C-3) located on each corner of the nearby Olive Ave. and Cotton
Ln. intersection, this rezone would allow for intermediate commercial land uses to
develop in a larger capacity along this corridor where Olive Ave. is also expanding its
road within the right-of-way.

14.
The request for the offsite sign (billboard) varied development standards is justified given
that the signage is intended to be added on the eastern portion of the site adjacent to
the Loop 303. The site is located within the Olive Avenue Scenic Corridor where there are
signage guidelines. However, staff is in support of these requested standards since there
are no other private properties between the Loop 303 and the eastern boundary of the
subject property.

Z2019129
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15.
There is a subdivision (Northern Farms) planned for the property to the south where the
future development on the subject site would require screening. The applicant has
worked with staff to have the proposed billboard(s) a minimum of 50’ from the south
property line to limit disturbance to the future subdivision. Furthermore, this subdivision
(S2019020) is currently awaiting Final Plat approval recordation. The plat (exhibit of
portion below) show that there is a tract ‘J’ adjacent to the southeast corner of this zone
change site where a billboard would likely be placed 50’ north from the property line
along the eastern side to be viewed by the Loop 303. This would result in even further
distance (minimum 100’) between a billboard and the nearest future home lot. It would
essentially still keep the intent of the 150’ typical requirement between an illuminated
billboard (100’ if non-illuminated) and rural or residential zoned property.

Northern Farms Plat Exhibit

16.
It should also be noted that the subject site is located within the Territory in the Vicinity of
Luke Air Force Base. There will be added standard recommended condition for this site.

Recommendation:

17.
For reasons outlined in this report staff recommends the Commission motion for Approval
of Z2019129 subject to conditions ‘a’ – ‘i’.

Z2019129
Page 7 of 9
b.
Development of the site shall be in general conformance with the Narrative Report
entitled “303 & Olive Property Rezone”, consisting of 11 pages, stamped received
July 7, 2020, except as modified by the following conditions.

d.
The C-2 CUPD shall prohibit the following land uses: Medical Marijuana facilities,
Adult Oriented facilities, Automobile repair shops and garages, and Drive-thrus for
restaurants.

e.
The following C-2 CUPD standards shall apply for the offsite (billboard) signage:

f.
The following Engineering conditions shall apply:

2.
Dedication of additional right-of-way along Cotton Lane may be required
as part of future site entitlements (i.e. plan of development).

3.
A Traffic Impact Study must be submitted with the application for future
entitlements (i.e. plan of development).

4.
An application for a CLOMR may be required concurrent with any future
entitlement application that would impact the FEMA Floodplain along
Cotton Lane.

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

Z2019129
Page 8 of 9
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.

h.
All buildings subject to noise attenuation as per ARS § 28-8482(B) and Maricopa
County requirements.

i.
The master developer shall notify future homeowners that they are located within
the state-defined “territory in the vicinity of a military airport” with the following
language:

Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these
hours and during most weekends.

Z2019129
Page 9 of 9
Presented by:
Ray Banker, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor

Attachments:
Case Map (1 page)

Zoning Exhibit (1 page)

Narrative Report (11 pages)

Engineering Memo (1 page)

MCESD Memo (1 page)

City of Glendale Email (1 page)

ADOT Email (1 page)

From:
Mike Poppe
To:
PND PZAppeal
Cc:
Clint Hickman (BOS)
Subject:
CASE Z2019129-303 and Olive
Date:
Thursday, July 16, 2020 2:01:08 PM
Dear Mr. Ray Banker:
I am writing this letter in response to the request to re-zone RU-43 to C-2 for approx. 38 acres. I am protesting this
zone change as a concerned resident. I have already been very flexible with Forrest Nursery since their land
purchase. At the beginning, the owner discussed his plans with us, and was originally going to put trees beyond his
block wall so our view would not be commercial buildings or very large greenhouses. We were anticipating
greenery, and not 16ft. tall greenhouses looking out our front door or sitting on our front patio in the evenings. You
can see attached photos that depict what I’m explaining. Not only has he placed the greenhouses directly in our
view, he is destroying our road with heavy equipment running day and night. I have thousands of photographs to
prove this traffic and constant noise right outside our door, I have attached a few to this Email in the link below.
When reviewing the photographs, please note the timelines and the oversize/overweight loads from Forrest
Equipment Rentals.
I am very disappointed in the county allowing him to run a commercial business on a private residential street. He
has built commercial structures and even though he has his own business gates with one entrance on Olive and one
main entrance on Cotton Lane, he continues to use our private residential street (Lawrence Lane). He also runs his
second business, Forrest Equipment Rentals, up and down our street with heavy rental equipment. Our road is
suffering the consequences, along with our safety entering and exiting our own home with heavy truck traffic flying
down our street. Our road is turning into a heavy equipment super highway. All his employees also enter and exit
work from our street that only has 3 houses on it, one of those being his home. His home is the first when you enter
the street, and his parents are currently residing there, and he has even mentioned re-zoning his residential property
to reduce his taxes. Not only are we at the mercy of Forrest Nursery and Forrest Equipment Rentals, we also have
the fire department going in and out of our street with the temporary relocation. As we are thankful for their service,
we do not appreciate the fact that the county is not taking responsibility for maintaining the road. Forrest is
collecting rent from the fire department for utilizing his property, so he is reaping all of the benefits while destroying
our residential road and diminishing our property values.
The large commercial trucks continuously knock down the stop sign at the end of the road, which I have had to
relocate personally and put back up. I have grandchildren temporarily residing with me and they cannot even play
in the front yard or ride bikes without worrying about their safety with heavy trucking going constantly and
employees driving 35 mph down the street. By blocking off the end of the street, our garbage service has to back
into our street from Cotton Lane and reverse down the road. The county also allowed our neighbor to the right of
us, to put up a block wall, which blinds our view to oncoming traffic from the east direction. I am truly afraid that
one of us is going to get hit trying to exit our property onto Lawrence Lane. Not only is our safety a concern, but our
driveway and pavers are getting displaced into a divot from heavy commercial vehicles going to the end of
Lawrence Lane and having to back into our driveway just to turn around; or they utilize my circle driveway for their
turn around.
The county has evidently already issued permits for Forrest Nursery to build the Forrest Equipment Rentals facility
under our RU-43 zoning. It seems like this business can build without consequences and we do not know what to
expect next. Are we going to have a whole new commercial building in our front yard with even more traffic or
even more noise? There are several shops, one sits right behind the greenhouses and we hear heavy industrial
equipment, along with loud music and bright lights all hours of the day and night. It just seems as if Forrest can do
no wrong and the county keeps turning a blind eye. I have called the county numerous times since all of this began,
and nobody seems to care or want to stop this.
I feel that I have been very patient and flexible and that stops now. We are tired of the noise, the wear and tear on
our street, the heavy traffic, the damage to our driveway, and most importantly our safety at risk every day. It is time
for the county to act and hold Forrest Nursery to the same standards as other businesses. If this does not stop now, I
will have no choice but to take further action.

I hope that this letter will be reviewed and taken into consideration with respect as if you were the homeowner that I
am. If you need to see additional photographs, I have a thousand more. I appreciate your time and look forward to
hearing from you soon.
Sincerely,
Michael Poppe
Homeowner of 17031 W. Lawrence Lane, Waddell
Link to photos:
https://1drv.ms/u/s!BHf6JupLqQeZhVtJLRVGUwkaKi5t?e=uDvq6T