Extracted text (via pymupdf)
40222 characters
April 24, 2024
Z2023076
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
April 24, 2024
Case #/Title:
Z2023076 – Augustine Industrial Yard
Supervisor District:
3
Applicant/Owners:
George Pasquel III, Withey Morris Baugh / John & Christine
Augustine
Request:
Zone Change with Overlay from Rural-43 to IND-2 IUPD
Site Location:
Generally located south of the southeast corner of W. Happy Valley
Rd. and N. 11th Ave., in the Deer Valley area
Site Size:
Approximately 7.5 acres
County Island Status:
Yes, City of Phoenix.
Additional
Comments:
Approval of IND-2 IUPD zoning would allow for the legalization of
existing industrial uses upon issuance of a building permit, namely
contractor yards, occurring on a parcel that is subject to violation
for said uses. Adjacent parcels maintain similar type uses both in
City of Phoenix and Maricopa County jurisdiction. Building
permitting would also serve to address drainage and building code
issues with existing commercial buildings on-site. There are no
outstanding concerns from reviewing agencies. There is no known
opposition.
Commission
Recommendation:
On 3/21/24, the Commission voted 6-0 to adopt a motion
recommending the Board of Supervisors approve Z2023076
subject to conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the narrative report
entitled “Augustine Industrial Yard”, consisting of 14 pages, dated January 30, 2024,
except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the site plan entitled
“Augustine Industrial Yard“, consisting of 1 full-size sheet, dated January 30, 2024, as
modified by the following conditions. Staff may determine slight refinements to remain in
substantial conformance with the approved site plan. Minor and major amendments to
the site plan will be determined in accordance with Chapter 3 of the Maricopa County
Zoning Ordinance.
April 24, 2024
Z2023076
Page 2 of 3
c.
The following IND-2 IUPD standards shall apply:
1. Required Screening (MCZO 901.9.4): 6’ min. building, wall or fence of any view -
obscuring material where outdoor industrial use is permitted by IUPD.
2. Parking Surface Materials (MCZO 1102.7.1): Compacted gravel allowed.
3. Outdoor Storage (MCZO 902.4.1 and 902.4.2): Allowed in required front and street side
yards.
4. Required Landscaping (MCZO 901.9.4.D): No landscaping requirements.
5. Unless and until the site is served by a sewer system, the IUPD Overlay limits use of
the site to the following:
A. Office (MCZO 901.2.11).
B. Construction equipment, including salves, service, rental, and storage (MCZO
902.2.7).
C. Accessory buildings and uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may be
permitted as an accessory use as set forth in Section 1206 of this Ordinance.
Where renewable energy systems involve the generation of striate of electricity,
only grid-connected or off-gris systems are permitted (MCZO 902.2.22).
d.
The following Planning Engineering condition(s) shall apply:
1. 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.
2. Based on the conceptual design nature of the information submitted, changes to the
site layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits.
4. Retention basins may be initially sized for the first flush volume of runoff for a period
of ten years. Full retention (100 yr., 2 hour volume) shall be provided with plans for
further development or renewal of the zone change.
e.
The IUPD 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 system shall be required prior to
establishment of any non-residential use that requires potable water.
f.
All existing patent easements must be abandoned prior to the issuance of any building
permits.
g.
Administrative approval of a plan of development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
April 24, 2024
Z2023076
Page 3 of 3
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
h.
Noncompliance with any of the conditions assigned to the approval of this zone change
by the Maricopa County Board of Supervisors may be grounds for revocation of this zoning
in accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.
i.
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.
j.
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 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:
Joel Landis, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
3/21/24 P&Z Packet (27 pages)
Note:
3/21/24 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Z2023076
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2023076 – Augustine Industrial Yard
Hearing Date:
March 21, 2024
Supervisor District:
3
Applicant:
George Pasquel III, Withey Morris Baugh
Owner:
John & Chrstine Augustine
Request:
Zone Change with Overlay from Rural-43 to IND-2 IUPD
Site Location:
Generally located south of the southeast corner of W. Happy Valley Rd. and
N. 11th Ave., in the Deer Valley area.
Site Size:
7.5 acres
Density:
N/A
County Island:
Yes, City of Phoenix
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
City of Phoenix – Commerce / Business Park
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2023076
Page 2 of 7
Project Summary:
1.
The applicant proposes to change the zoning of the subject parcel from Rural-43 to IND-2 IUPD
to allow ongoing industrial uses on the property. The site currently contains outdoor storage and
office uses for several businesses, including masonry, landscape materials, drilling equipment,
and wooden poles. The site, located north of the Phoenix Deer Valley Airport and adjacent to
parcels within the City of Phoenix, has been subject to violation V202000134 for the operation of
a commercial business in a residential area since January, 2020 and is currently the subject of a
compliance agreement between the owner and Maricopa County. Per the terms of the compliance
agreement, both the zoning entitlement (the subject application) and building permits must be
completed by October 30, 2024. Staff notes that virtually all the surrounding area is industrial in
nature with only a few scattered residences south of Happy Valley Rd. and between 15th and 7th
Avenues. There still exist several patent easements on and in the vicinity of the site, which must
be abandoned prior to issuance of building permits per a condition of this entitlement.
2.
Below is the IND-2 IUPD table showing the base IND-2 standards and the proposed IUPD
standards (note: the current zoning of the site is Rural-43).
Z2023076
Page 3 of 7
Zoning map of the area. Staff notes the majority of uses are industrial despite the existing Rural- 43 zoning.
Site aerial of the subject parcel, oriented north
Z2023076
Page 4 of 7
Existing On-Site and Adjacent Zoning / Land Use:
3.
On-site:
Rural-43 / Outdoor industrial storage and offices
North:
Rural-43 / Outdoor industrial storage and offices (unentitled)
South:
A-2 (City of Phoenix) / Under development for industrial supplier sites
East:
Rural-43 / Outdoor industrial storage and offices (unentitled)
West:
IND-2 IUPD / Outdoor heavy equipment storage
Utilities and Services:
4.
Water:
Onsite well
Wastewater:
Onsite septic
Fire:
City of Phoenix
Police:
City of Phoenix and/or MCSO
Right-of-Way:
5.
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
11th Ave
25’
30’
Patent Easement
Adopted Plans:
6.
City of Phoenix General Plan – Commerce: Business Park (adopted 2015):
1. Commerce: This district is designed to provide locations for commerce, service and
employment activities which locations and site improvements are built such that a
desirable appearance is projected toward public streets and such that compatibility can
be maintained with adjacent land uses.
i. Business Park option: In addition to Research Park uses, this option permits
assembly, warehousing and shipping activities along with retail services selected
to support these broader activities.
Public Participation Summary:
7.
The applicant complied with the Maricopa County public participation process with the required
posting of the property and the notification to the adjacent property owners within 300’ of the
subject site. Staff has not received any notice of opposition or support to the request.
Outstanding Concerns from Reviewing Agencies:
8.
N/A
Z2023076
Page 5 of 7
Staff Analysis:
9.
Staff support this proposal because despite the current, prevailing rural zoning, this area,
including sites properly zoned directly adjacent to the subject parcel, includes several permanent
and interim industrial uses. Approval of this item and subsequent issuing of building permits will
resolve an existing violation. This will also allow for the proper application of drainage engineering
and building code regulations to existing and future buildings on-site.
Recommendation:
10.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023076 subject to the following conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the narrative report
entitled “Augustine Industrial Yard”, consisting of 14 pages, dated January 30, 2024,
except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the site plan entitled
“Augustine Industrial Yard“, consisting of 1 full-size sheet, dated January 30, 2024, as
modified by the following conditions. Staff may determine slight refinements to remain in
substantial conformance with the approved site plan. Minor and major amendments to
the site plan will be determined in accordance with Chapter 3 of the Maricopa County
Zoning Ordinance.
c.
The following IND-2 IUPD standards shall apply:
1. Required Screening (MCZO 901.9.4): 6’ min. building, wall or fence of any view -
obscuring material where outdoor industrial use is permitted by IUPD.
2. Parking Surface Materials (MCZO 1102.7.1): Compacted gravel allowed.
3. Outdoor Storage (MCZO 902.4.1 and 902.4.2): Allowed in required front and street side
yards.
4. Required Landscaping (MCZO 901.9.4.D): No landscaping requirements.
5. Unless and until the site is served by a sewer system, the IUPD Overlay limits use of
the site to the following:
A. Office (MCZO 901.2.11).
B. Construction equipment, including salves, service, rental, and storage (MCZO
902.2.7).
C. Accessory buildings and uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may be
permitted as an accessory use as set forth in Section 1206 of this Ordinance.
Where renewable energy systems involve the generation of striate of electricity,
only grid-connected or off-gris systems are permitted (MCZO 902.2.22).
d.
The following Planning Engineering condition(s) shall apply:
1. 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
Z2023076
Page 6 of 7
engineering policies, standards and best practices at the time of application for
construction.
2. Based on the conceptual design nature of the information submitted, changes to the
site layout may be necessitated by the final engineering design of the site’s drainage
infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the
application for Building Permits.
4. Retention basins may be initially sized for the first flush volume of runoff for a period
of ten years. Full retention (100 yr., 2 hour volume) shall be provided with plans for
further development or renewal of the zone change.
e.
The IUPD 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 system shall be required prior to
establishment of any non-residential use that requires potable water.
f.
All existing patent easements must be abandoned prior to the issuance of any building
permits.
g.
Administrative approval of a plan of development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
h.
Noncompliance with any of the conditions assigned to the approval of this zone change
by the Maricopa County Board of Supervisors may be grounds for revocation of this zoning
in accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.
i.
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.
j.
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 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.
Z2023076
Page 7 of 7
Presented by:
Joel Landis, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan/Land Use Plan (1 page)
Narrative Report (14 pages)
MC Engineering comments (4 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 7.6 approx.
Generated March 7, 2024 2:20 PM
Z2023076
Application Name:
Legal Description
Augustine Industrial EDR
Applicant
Case Address
T04N R03E 7,
George Pasquel III
1022 W PARKVIEW LN
Applicant Phone/Email
Parcel Primary:210-08-008C
602.230.0600
george@wmbattorneys.com
PHOENIX AZ 85085
Map scale 1:2,462
Supervisor District No.
ZONE CHANGE FROM RU-43 TO IND-2 WITH IUPD
01/30/2024
Daniel D. Filuk RA, AIA
NCARB
LEED Green Associate
Licensed in the following states:
Arizona
Colorado
Florida
Missouri
Montana
Nevada
New Mexico
Oklahoma
Oregon
Texas
Utah
Washington
Wyoming
300 West Clarendon Avenue
Suite 320
Phoenix, Arizona 85013
O 602.234.1868
www.kdf-architects.com
01-30-2024
Zone Change with Overlay Narrative Report
Project:
Augustine Industrial Yard
Case #:
Z2023076
Location:
Northeast Corner of Alameda Drive and 11th Avenue in
the Phoenix area
Augustine Industrial Yard
Zone Change with IUPD
January 30, 2024
Page 2
B. Purpose of Request
The purpose of this request is to rezone an existing, roughly 7.7-acre property located at the northeast
corner of Alameda Drive and 11th Avenue (APN No. 210-08-008C) from the existing RU-43 (Rural
Zoning District-One Acre per Dwelling Unit) designation to IND-2 IUPD (Light Industrial with Industrial
Use Plan of Development overlay). See aerial map attached at TAB A. The request is specifically
limited in scope to secure the proper zoning designation for the continuation of existing and ongoing,
light industrial type uses as specified within the IUPD. These uses are already occurring on site. More
importantly, they are in keeping and cohesive with the surrounding property uses and overall context
of the area, which is that of a light industrial and commerce district with an abundance of outdoor
storage, heavy machinery storage, construction related activities, warehousing, distribution and
associated office uses. The IUPD overlay will also be used to modify some underlying development
standards that are not necessary given the limited scope of the request and the existing context of
the area. Should onsite uses change in the future, an update to the IUPD may be required.
C. Description of Proposal
As noted above, the proposal will allow the appropriate zoning designation to maintain existing and
ongoing uses while also providing for some site improvements. The proposal is limited in scope and
does not include a full redevelopment of the site – therefore site improvements are appropriately
limited. Future redevelopment in the future would require an update to the IUPD and the
implementation of additional site and infrastructure improvements.
The project entails multiple on-site users including outdoor storage, masonry storage & distribution,
landscape materials & equipment, drilling company equipment, wood pole storage & distribution.
There are approximately 1,360 square feet of existing office buildings, 1,310 square feet of storage
buildings, and approximately 3,800 square feet of storage canopies. Per Article 902.2 of the Maricopa
County Zoning Ordinance (MCZO) the existing operations would most closely resemble the following
uses, all of which are permitted under the IND-2 district:
•
901.2.11:
Office
•
902.2.7:
Construction equipment, including sales, service, rental and storage
•
902.2.22:
Accessory buildings and uses customarily incidental to the above uses. Renewable
energy systems are not permitted as a primary use but may be permitted as an
accessory use as set forth in Section 1206 of this Ordinance. Where renewable
energy systems involve the generation of striate of electricity, only grid-connected
or off-gris systems are permitted.
The total staff for the entire site is less than 10 employees. Standard commercial business hours of
operation are anticipated (typically 7am to 7pm) Monday through Friday and reduced on the
weekends from 7am to 5pm. Traffic on the 11th Avenue alignment would include trips from office
staff of 10 trips per day. Miscellaneous additional traffic would be anticipated to be no more than 10
trips per day. Retention basins are proposed and sized to meet the required retention volume for the
100 year, 2-hour storm event.
Augustine Industrial Yard
Zone Change with IUPD
January 30, 2024
Page 3
D. Relationship to Surrounding Properties
This parcel currently lies in a neighborhood of light industrial uses with a variety of zoning
designations. Some properties are within the City of Phoenix, while others are unincorporated
Maricopa County. To the east is County property zoned RU-43 which appears to be used as an outdoor
storage yard for a variety of materials and vehicles. To the west is County property recently rezoned
from RU-43 to IND-2, IUPD (similar to this application request). To the south is Alameda Drive
(currently under construction), followed by City of Phoenix property zoned PUD for Industrial and
Commerce Park uses as well as other assorted uses. To the North is County property zoned RU-43
used for outdoor storage and construction related.
SURROUNDING PROPERTY ZONING & USES
Location
Jurisdiction
Zoning
Use
North
County
RU-43
Outdoor Storage and
Construction Related Uses
South
City of Phoenix
PUD for A-2/CP Uses
Alameda Drive; Under
Development for Industrial
Supplier Sites
East
County
RU-43
Outdoor Storage Yard for
Materials and Vehicles
West
County
IND-2, IUPD
Outdoor Heavy Equipment
Storage and Uses
The existing and intended use of the Property is compatible with the surrounding uses. The proposal
will benefit the area by allowing existing and needed businesses to remain operable while providing
employment opportunities. The proposal is also beneficial by providing the appropriate zoning
designation for existing uses along with some minor site improvements. Furthermore, the proposal
provides assurances that future redevelopment of the property will be required to go through a public
process to amend the IUPD. The uses are compatible with the surrounding area and produce minimal
traffic. The uses are also in line with the ambient conditions of the area.
E. Location and Accessibility
Parcel 210-08-008C is located along the North 11th Avenue alignment approximately at the alignment
of West Alameda Road. The closest major road is West Happy Valley Road to the north, designated a
major arterial. As the county pre-application minutes state,
“The site is accessed through a series of public and private easements that comprise 11th
Avenue and Park View Lane. 11th Avenue and Park View Lane have not been accepted by
the County; and are therefore not maintained by the County.”
Augustine Industrial Yard
Zone Change with IUPD
January 30, 2024
Page 4
This location is approximately 2 miles east of the I-17 Highway and Happy Valley Road interchange
and 5.5 miles north of the I-17 and Arizona State Route 101, strategically convenient for conducting
business in the county and the state.
F. Circulation System
As described above the off-site circulation is primarily to the north currently and then east or west on
Happy Valley Roads. It is anticipated that the 11th Avenue alignment will eventually connect with
Alameda Street which is currently under construction within the city of Phoenix jurisdiction. The site
is currently accessed off 11th Avenue through three (3) separate gates. Internal circulation through
the site is depicted on site plan to accommodate large trucks as well as emergency vehicles.
G. Development Schedule
The proposed uses are currently functioning on site. Additional site work is anticipated to start as
soon as rezoning and permitting are completed.
H. Community Facilities and Services
The area northwest of the I-17 and State Route 101 is served by the Deer Valley Unified School district,
the school campuses being west of the I-17 and north of the 101. The Northeast campus for West-
MEC (Western Maricopa Education Center) is approximately a mile to the southwest.
A regional, small craft, public airport lies due south of this property: Phoenix Deer Valley Airport. A
vibrant commercial district exists immediately east of the I-17 and Happy Valley Road interchange,
comprised of the Happy Valley Towne Center and the Shops at Norterra. To the south, at the I-17 and
101 interchange is Deer Valley Medical Center. Public parks in this north portion of the City of Phoenix
include the Phoenix Sonoran Preserve some 2-miles to the north and Cave Buttes Recreation Area
approximately 1.5-miles to the east.
I. Public Utilities and Services
The Utility Providers in this area are:
▪
Electric: APS:
o Pole mounted transformer, 400A, 2-phase, available (4) properties to the north along the
11th avenue alignment.
▪
Water and Sewer:
o Although there are water & sewer lines currently under construction in Alameda street
within the city of Phoenix, our proposed uses have small demands and will continue to be
served by the existing septic and well on site.
▪
Fire Protection:
Augustine Industrial Yard
Zone Change with IUPD
January 30, 2024
Page 5
o This parcel is not within City of Phoenix jurisdiction, nor is it served by Daisy Mountain
Fire District. Services however would be provided by the nearest Phoenix fire station 55
to the south as was confirmed with project directly west of site.
▪
Police Protection:
o Though this parcel is not within City of Phoenix jurisdiction. Services would be provided
by nearest Phoenix police station, Black Mountain precinct or MCSO.
▪
Refuse:
o Property would be served by a private vendor.
J. Comparison Chart & Amended Standards for IUPD
REGULATION
IND-2 BASE ZONING DISTRICT
REGULATIONS
IND-2 IUPD PROPOSED ZONING
DISTRICTICT REGULATIONS
Maximum Height
40’
40’
Minimum Front yard
25’*
25’*
Minimum Side Yard
None**
None**
Minimum Street – side Yard
10’
10’
Minimum Rear Yard
None***
None***
Maximum Lot Area
6,000 SF
6,000 SF
Minimum Lot Width
60’
60’
Maximum Lot Coverage
60%
60%
Required Parking
1 Space per 250 SF of
floor area
1 Space per 250 SF of
floor area
Required Screening
6’ min. building, wall or fence**
6’ min. building, wall or fence of
any view -obscuring material
where outdoor industrial use is
permitted by IUPD
Parking Surface Materials
Asphalt or concrete
Compacted gravel
Outdoor Storage
Not allowed in required front
and street side yards
Allowed in required front and
street side yards
Required Landscaping
Required front and street side
yard must be landscaped
None
* For corner lots adjacent to rural / residential zoning district and 10’ abutting local streets
* * 6’ solid masonry adjacent to rural / residential zoning district
* * * 25’ Adjacent to rural/ residential zoning district
Augustine Industrial Yard
Zone Change with IUPD
January 30, 2024
Page 6
Amended Development Standards
The IUPD overlay will be used to amend the below standards. Upon future redevelopment of the site,
a new IUPD may be required, and such amended standards may be deleted or amended. The
amended standards for this application include:
1. Article 902.9-3.
b. A solid masonry wall not less than six feet in height shall be required along and adjacent
to any side or rear property line abutting any rural or residential zone boundary, or any
alley abutting such zone boundary. Further, any access gates shall be constructed of view-
obscuring material to provide effective site screening.
In lieu of Article 902.9-3.b, we request that the property be subject to Article 902.9-3.c, which
provides screening measures for sites not adjacent to a rural or residential zone boundary, and
allow a 6 foot minimum wall or fence of any view-obstructing material. This provision is already
applicable to the west and south property lines of the property, which abut Industrial zoned land.
While the north and east property lines technically abut residentially zoned land, those properties
clearly do not function as such and do not warrant such screening measures. The property to the
north has outdoor storage and construction related uses associated with a pre-cast concrete
company. The property to the east has an abundance of outdoor storage of materials and
vehicles. Perhaps more importantly, the overall area is in a transitional phase towards industrial
and commerce park-type uses and zoning (which is in conformance with and encouraged by the
City of Phoenix General Plan). It is highly unlikely the adjacent properties would be redeveloped
with residential uses
2. Parking Surface Material: (as cited by county staff)
All uses other than a single-family residence required paved parking.
We request that compacted gravel material be accepted as an alternate paving material. The use
of the property is considered temporary in nature. Future permanent development & use of
property would require an amendment at which time County could require more restrictive
paving requirements.
3. No storage allowed in Front or street side required yards:
The use of the property is considered temporary in nature. Future permanent use of property
would require an amendment at which time County could require more restrictive storage
requirements.
4. Landscaping required in front and street yards:
The use of the property is considered temporary in nature. Future permanent use of property
would require an amendment to the IUPD and full review by the County - at which time the County
could require more restrictive landscape requirements.
K. Average Lot Area Per Dwelling Unit
Non-applicable to this application.
Augustine Industrial Yard
Zone Change with IUPD
January 30, 2024
Page 7
L. Compliance with City / Town General Plan
The Property falls within the Planning Area of the City of Phoenix. The City of Phoenix General Plan
designates the Property as Commerce / Business Park and is completely encircled by Industrial and
Commerce / Business Park designated properties. See Phoenix General Plan map attached at TAB B.
In Phoenix, these two (2) designations are often grouped together and work hand-in-hand to provide
the appropriate opportunities for business, employment and industrial opportunities. Rezoning the
property to IND-2 is completely compatible with these General Plan designations.
The General Plan also provides “Goals” and “Land Use & Design Principles” specifically designed to
help protect the three (3) municipal airports, including the Deer Valley Airport. The subject property
is within the vicinity of this airport and included within several Phoenix planning and policy documents
pertaining to the airport. Specifically, per the General Plan:
•
Goal: Ensure the growth, vitality and protection of each of the city’s three municipal
airports.
•
Land Use Principle: Encourage the development of city-owned and non-city-owned
parcels near the airport to airport-compatible land uses surrounding the city’s
airports.
Again, the proposal is completely in line with these General Plan Goals and Principles by providing
compatible uses and setting the stage for future redevelopment.
The Property is also within the City of Phoenix Deer Valley Airport Overlay (DVAO) district. See DVAO
map attached at TAB C. One of the primary goals of the DVAO is to;
“…protect the long term viability of DVA as a general aviation facility by ensuring land
use compatibility with airport operations; Protecting navigable airspace from physical
encroachment; Requiring permanent notice of flight operations to property owners.”
The DVAO also has a list of restricted uses within the Overlay, primarily congregational and residential
uses. The proposed development and associated uses advance this goal by providing opportunities
for the encouraged uses (i.e., non-residential and non-congregational uses).
Sincerely,
KDF Architectural Group, L.L.C.
Daniel D. Filuk
Project Architect
dan@kdf-architects.com
cc: George Pasquel III, Withey Morris Baugh, PLC
Attachments: aerial, Phx Gen. Plan map, Phx DVAO map
Tab A
N
Aerial Map
1022 W. Parkview Lane – Maricopa County
Happy Valley Rd
19 th Avenue
7 th Avenue
Deer Valley
Airport
Pinnacle Peak Rd
Alameda Dr
N
Aerial Map
1022 W. Parkview Lane – Maricopa County
11 th Avenue
Park View Ln
Alameda Drive (Under Construction)
Tab B
N
Phoenix General Plan Map = Commerce Business Park
1022 W. Parkview Lane – Maricopa County
19 th Ave
Pinnacle Peak
Alameda Dr
Happy Valley
7 th Street
Tab C
DEER VALLEY DR
7TH ST
HAPPY VALLEY RD
19TH AVE
23RD AVE
WILLIAMS DR
PINNACLE PEAK RD
ROSE GARDEN LN
27TH AVE
31ST AVE
CAVE CREEK RD
29TH AVE
7TH AVE
15TH LN
CENTRAL AVE
LONE CACTUS DR
ALAMEDA RD
FOOTHILLS DR
15TH AVE
Deer Valley Airport Overlay
Regulation Areas
0
1
0.5
Miles
N:\IS_Team\Projects\Planning_Dept\Villages\Deer_Valley\Special Projects\Overlay\Overlay.mxd
Area 3
Area 2
Area 1
Jim Kary, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-8799
www.maricopa.gov/planning
Email address:
jim.kary@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
February 15, 2024
Memo To: Darren Gerard, Planning Manager, Planning & Development
Attn:
Joel Landis, Planner, Planning and Development
From:
Jim Kary, Plans Examiner Engineer, Planning and Development
cc:
Michael Norris, P.E., Engineering Manager, Planning and
Development
Subject: Z2023076 – Zone Change from RU-43 to IND-2 with IUPD
APN(s):
210-08-008C
(E2 Memo)
Engineering Review has reviewed the first plan and report routed for review on
1/31/2024, for the subject application and has the following comments:
Items with strikethroughs have been addressed or rescinded.
DRAINAGE PLAN REVIEW
1. DRIANAGE REPORT
a. Coordinate with the architect and revise the report as required. Section 2.
Site Description, Existing – The architects site plan lists the following
buildings:
•
Masonry Yard Offices
•
Landscape Office
•
Storage Building with Canopy
•
Office
2. OFFSITE HYDROLOGY
a. The majority of the upstream lots are zoned RU-43. Us a runoff coefficients
of 0.53 for the 100 year storm calculations.
3. ONSITE HYDROLOGY
a. No comments.
4. ONSITE RETENTION
a. Add the emergency spillways to the retention basins.
Page 2 of 4
5. RETENTION DISPOSAL
a. Calculations for retention infiltration are accepted.
6. CROSS SECTIONS
a. No comments.
7. FINISHED FLOORS (PADS)
a. No comments. No new habitable buildings are proposed.
8. TOPOGRAPHY
a. No comments.
9. FLOODPLAINS
a. The site is not in a floodplain. The site is in a flood Zone X.
10. EROSION SETBACKS
a. This item does not apply to this application.
FLOOD CONTROL DISTRICT REVIEW
a. This item does not apply to this application.
PND TRANSPORTATION PLAN REVIEW
a. This item does not apply to this application.
PND TRANSPORTATION PLAN REVIEW R/W INFORMATION
a. This item does not apply to this application.
STORM WATER QUALITY REVIEW/INFORMATION
a. This item does not apply to this application.
The following stipulations will apply:
1. 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
Page 3 of 4
Design Manual; and current engineering policies, standards and best practices
at the time of application for construction.
2. Based on the conceptual design nature of the information submitted, changes
to the site layout may be necessitated by the final engineering design of the
site’s drainage infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted
with the application for Building Permits.
4. Retention basins may be initially sized for the first flush volume of runoff for a
period of ten years. Full retention (100 yr., 2 hour volume) shall be provided
with plans for further development or renewal of the SUP.
Please contact me with any questions.
DRAINAGE PLAN REVIEW REFERENCES:
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District
PND TRANSPORTATION REFERENCES:
Residential Driveway Guidelines
https://www.maricopa.gov/documentcenter/view/362
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364
For Additional Information See:
https://www.maricopa.gov/156/MCDOT
Page 4 of 4
PND STORMWATER QUALITY (SWPPP) REFERENCES:
Storm Water Quality Management and Discharge Control Regulation
https://www.maricopa.gov/DocumentCenter/View/6577
Air Pollution Control Regulations Rule 310
https://www.maricopa.gov/DocumentCenter/View/5354
For Additional Information See:
https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste
Please contact me if you have any questions or require any additional
information.