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April 10, 2024 Z2023149 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: April 10, 2024 Case #/Title: Z2023149 – 10101 West Bell CUPD Supervisor District: 4 Applicant/Owner: William Allison, Withey Morris Baugh, PLC / 10101 W Bell Partners, LLC Request: Zone change with overlay from C-2 to C-2 CUPD Site Location: Generally located at the SWC of Boswell Blvd. and Bell Rd. in the Sun City area Site Size: 40,620 Sq. Ft. County Island Status: N/A Additional Comments: The proposed CUPD overlay is to reduce the min. 200’ separation distance of a drive-through speaker box to residential zoning to 155’. Staff notes condition “e” requires the speaker to have a noise shroud and to be oriented away from the existing residences to the west and south in order to mitigate noise trespass. There was some confusion among adjacent residents over what the proposed overlay would allow on site. To ease concern the applicant held a neighborhood meeting on February 29th. Staff received no written opposition and no negative comment was made during the Commission hearing. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023149 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit for Bell and Boswell“, consisting of 1 full-size sheet, dated August 30, 2023, and stamped received January 17, 2024 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “10101 West Bell Road CUPD”, consisting of 7 pages, dated January 11, 2024, and stamped received January 17, 2024, except as modified by the following conditions. April 10, 2024 Z2023149 Page 2 of 2 c. The following Planning 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 number of proposed building lots/units, 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. A traffic impact study must be submitted with future entitlement (POD) application(s) 3. Engineering review of re-zone cases is conceptual in nature. 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. d. The following CUPD standards shall apply: 1. Minimum separation distance of drive through speaker to residential zoning: 155’ e. Any drive-through speaker box on site shall be oriented away from adjacent residential zoning and include a sound shroud to minimize ambient noise trespass. f. 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. 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 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: Joseph Mueller, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 3/7/24 P&Z Packet (18 pages) Note: 3/7/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2023149 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023149 – 10101 West Bell CUPD Hearing Date: March 7, 2024 Supervisor District: 4 Applicant: William Allison, Withey Morris Baugh, PLC Owner: 10101 W Bell Partners, LLC Request: Zone change with overlay from C-2 to C-2 CUPD Site Location: Generally located at the SWC of Boswell Blvd. and Bell Rd. in the Sun City area Site Size: 40,620 Sq. Ft. Density: N/A County Island: Yes (Peoria, Surprise, Youngtown, and El Mirage) County Plan: White Tank Grand Ave Area Plan – Single Family Transitional Lot (Sun City Development Master Plan) Municipal Plan: N/A Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2023149 Page 2 of 6 Project Summary: 1. The applicant is seeking to establish a drive-through coffee shop and an auto service/oil change facility on the property. Both uses are permitted under the established C-2 zoning designation on the subject property. The purpose of the proposed CUPD overlay is to reduce the minimum drive- thru restaurant speaker box separation distance from rural or residential zoning from 200’ to 158’ feet to the west and 178’ to the south. Staff notes that the subject case does not include a plan of development (POD), however, the applicant has submitted a POD under a separate case (Z2023154) which is under administrative review by staff. The applicant’s narrative states that the speaker box will be orientated to the northeast, away from existing residential units and will include a sound shield/shroud to limit any ambient noise trespass on the adjacent residential properties. 2. The historic use of the site has been professional office services such as law offices, real estate services, insurance providers and the like, which were housed in a multi-tenant office building. The existing C-2 zoning on the site was established with the approval of Z71-22 about fifty years ago. The first of several pre-application meetings on the site was held on February 11, 2020 (PA2020011) which proposed the demolition of the commercial building on site and construction of two quick service restaurants. A commercial demolition permit was granted on February 25, 2022 and the structure on site was razed shortly thereafter. Additional pre-application meetings on the subject site were PA2021096, PA2022072, PA2023082, and PA2023142, the last of which was held on September 26, 2023 and discussed the current proposal. The subject case was formally submitted on December 6, 2023 and a technical advisory committee meeting was held on January 2, 2024. Staff notes that sometime after the most recent documents were submitted the applicant completed a lot split of the subject site so that it is now two parcels (APNs 230-03- 251A and 230-03-251B). The applicant provided legal descriptions of the two properties with initial submittal. REGULATION BASE ZONING DISTRICT REGULATIONS (C-2) PROPOSED ZONING REGULATIONS (C-2 CUPD) Drive-thru restaurant speaker box separation from rural or residential zoning districts 200’ 158’ to south 175’ to west Z2023149 Page 3 of 6 2024 Aerial Image Zoning Map Z2023149 Page 4 of 6 Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: C-2 / Vacant North: Bell Rd. then C-2 / Fuel station and off-site advertising South: R-3 / Multi-family condominiums East: Boswell Blvd. then C-2 / Bank West: R-3 / Multi-family condominiums Utilities and Services: 4. Water: EPCOR Wastewater: EPCOR Fire: Sun City Fire District Police: Maricopa County Sheriff’s Office 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 Bell Rd. 55’ 65’ Principal Arterial Boswell Blvd. 40’ 40’ Major Collector Adopted Plan: 6. White Tank Grand Avenue Area Plan (adopted December 6, 2023): The area plan designates the subject parcel for residential densities of three to five residential units per acre, as well as adherence to the Sun City Development Master Plan. Public Participation Summary: 7. The applicant met all minimum public participation requirements which include posting the site in two locations and informing all property owners within 300’ of the subject site of the proposed zone change with overlay via mailers sent through USPS. The applicant reported communications from two area residents who expressed general concerns over commercial development on the subject site. The applicant reported that one of the two expressed additional concern specifically with the proposed location of the drive-through speaker box. 8. Staff has not yet received written public comment to the proposal. However, staff has fielded several phone calls from residents in the adjacent condominium developments requesting information on when the case will be at public hearing, as well as expressing concern over commercial development of the site. Staff notes that the concern expressed has not been focused on the requested reduction in speaker box setback but rather on commercial uses in general. As the site is already zoned C-2 the subject case will not add any additional allowed uses on the site that are not already permissible under the current zoning. Outstanding Concerns from Reviewing Agencies: 9. N/A Z2023149 Page 5 of 6 Staff Analysis: 10. The requested CUPD overlay on the site will only alter the minimum required separation distance of a speaker box to rural or residential zoning districts. The subject site is located at the corner of the intersection of a major collector and major arterial streets. All four corners, including the subject site, are zoned C-2, constituting an established commercial node. Staff feels that in conjunction with the stated mitigation measures the request speaker box separation is appropriate for the subject site, is in line with existing land-use patterns, and will not negatively impact the surrounding residential units. Given the public concern expressed to staff via phone conversations, staff offers condition “e” to memorialize applicant’s proposed sound mitigation measures as requirements of site design. Recommendation: 11. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023149 subject to the following conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit for Bell and Boswell“, consisting of 1 full-size sheet, dated August 30, 2023, and stamped received January 17, 2024 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “10101 West Bell Road CUPD”, consisting of 7 pages, dated January 11, 2024, and stamped received January 17, 2024, except as modified by the following conditions. c. The following Planning 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 number of proposed building lots/units, 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. A traffic impact study must be submitted with future entitlement (POD) application(s) 3. Engineering review of re-zone cases is conceptual in nature. 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. d. The following CUPD standards shall apply: 1. Minimum separation distance of drive through speaker to residential zoning: 155’ e. Any drive-through speaker box on site shall be oriented away from adjacent residential zoning and include a sound shroud to minimize ambient noise trespass. Z2023149 Page 6 of 6 f. 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. 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 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: Joseph Mueller, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Land Use Plan (reduced 8.5”x11”, 1 page) Narrative Report (7 pages) MCESD comments (2 pages) DPR comments (1 page) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 0.93 approx. Generated February 23, 2024 10:02 AM Z2023149 Application Name: Legal Description 10101 W. Bell CUPD Applicant Case Address T03N R01E 5, William Allison for Withey Morris, PLC 10101 W BELL Rd Applicant Phone/Email Parcel Primary:230-03-261 602.346.4615 bill@wmbattorneys.com SUN CITY AZ 85351 Map scale 1:513 Supervisor District No. APPLICATION REQUESTING ZONE CHANGE FROM C-2 TO C-2 CUPD BELL ROAD BOSWELL BOULEVARD ZE ZONING EXHIBIT FOR BELL AND BOSWELL MARICOPA COUNTY, ARIZONA OWNER / DEVELOPER: 10101 W BELL PARTNERS, LLC 7777 N. CENTRAL AVE PHOENIX, AZ 85020 602.499.3908 ATTN: TERRENCE PLAS ENGINEER: RCC DESIGN GROUP, LLC ATTN: STUART RAYBURN, P.E. 16815 S. DESERT FOOTHILLS PKWY., SUITE 138 PHOENIX, AZ 85048 480.598.0270 480.598.0273 FAX DESCRIPTION: THIS PROJECT IS A NEW COMMERCIAL DEVELOPMENT THAT INCLUDES AN AUTO REPAIR LOCATION AND A DRIVE THROUGH COFFEE SHOP. APN: 230-03-261 PROJECT DATA AREA: 40,685 SF OR 0.93 AC ZONING: C-2 BUILDING HEIGHT: 40' MAX LOT COVERAGE: 6.8% BUILDING AREA: AUTO= 1,680 SF COFFEE=1,080 SF TOTAL = 2,760 SF PARKING SPACES REQUIRED: 1 SP/ 250 SF AUTO USER: 1,680 SF = 7 SP COFFEE USER: 1,090 SF = 5 SP TOTAL REQUIRED PARKING : 12 SP TOTAL PARKING PROVIDED: 22 TOTAL REGULAR SPACES: 20 TOTAL ACCESSIBLE SPACES: 2 LEGAL DESCRIPTION: TRACT M, OF SUN CITY UNIT THIRTY - SIX, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 41: EXCEPT ANY RIGHT, TITLE OR INTEREST IN AND TO ALL GROUNDWATERS AS CONVEYED IN DEED RECORDED IN DOCKET 11363, PAGE 466. SITE A PORTION OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA BELL RD CONSTRUCTION NOT FOR -PRELIMINARY- 99TH AVE BOSWELL RD 10101 W BELL RD JSR/SWR LJR/SWR 8/30/23 23-035-50 SHEET NO. CHECKED BY: REVISIONS: DRAWN BY: PROJECT NO. DATE: DRAWING NO. 00000 FOR PHOENIX, AZ 85048 16815 S. DESERT FOOTHILLS PKWY. *CIVIL & SITE ENGINEERING SERVI 480.598.0270 480.598.0273 FAX SUITE 138 RCC DESIGN GROUP, LLC "...WHATEVER IT TAKES." REGULATION BASE ZONING DISTRICT REGULATIONS (C-2) PROPOSED ZONING REGULATIONS (C-2 CUPD) HEIGHT MINIMUM FRONT YARD MINIMUM SIDE YARD MINIMUM STREET-SIDE YARD MINIMUM REAR YARD MINIMUM LOT AREA MINIMUM LOT WIDTH MAXIMUM LOT COVERAGE PARKING SPACES SCREENING 40' 10' 10'(ABUTTING RURAL OR RESIDENTIAL) 0' 25'(ABUTTING RURAL OR RESIDENTIAL) 6,000 SQ FT 60' 60% 1 SPACE/250 SF = 12 SPACES 6' SOLID WALL 200' 40' 10' 10' 0' 25' (ABUTTING RURAL OR RESIDENTIAL) 6,000 SQ FT 60' 60% 12 SPACES 6' SOLID WALL 158'(SOUTH) 2 BUILDING SETBACK LINE 12 NEW 4' CONCRETE SIDEWALK 18 PARKING SPACE 9' X 18'-0" 19 ADA PARKING ADA AISLE 20 NEW 30' WIDE DRIVEWAY PER COP 1255-1 30 SITE PLAN CONSTRUCTION NOTES: EXISTING DRIVEWAY TO REMAIN 31 3 6" VERTICAL CURB 5 ACCESSIBLE RAMP 8 6' PERIMETER BLOCK SITE WALL 9 6' PERIMETER BLOCK WALL ON 30" RETAINING WALL 4 6" VERTICAL CURB AND GUTTER EXISTING DRIVEWAY TO BE CLOSED 32 EXISTING 6' BLOCK WALL TO REMAIN 33 6 TRASH ENCLOSURE 7 3' WIDE VALLEY GUTTER EXISTING FIRE HYDRANT 39 MINIMUM DISTANCE FROM MENU BOARD SIGN WITH SPEAKER BOX TO RESIDENTIAL DISTRICT 175'(WEST) Expires 12/31 /25 1/10/2024 10101 West Bell Road CUPD C-2/CUPD Application Z2023149 Approximately 0.93 acres Located at the southwest of Bell Road and Boswell Boulevard in unincorporated Maricopa County APN: 230-03-261 First Submittal: 12/06/2023 Second Submittal: 01/11/2024 Prepared by: 10101 W Bell Partners, LLC 7777 North Central Avenue Phoenix, Arizona 85020 Withey Morris Baugh PLC 2525 E Arizona Biltmore Circle Suite A-212 Phoenix, Arizona 85016 Table of Contents Narrative Report ......................................................................................................................... 3 Property Location ................................................................................................................. 3 Purpose of Request.............................................................................................................. 3 Description of Proposal ........................................................................................................ 3 Relationship to Surrounding Properties ................................................................................ 3 Location and Accessibility .................................................................................................... 4 Circulation System ............................................................................................................... 4 Development Schedule ........................................................................................................ 4 Community Facilities and Services ....................................................................................... 4 Public Utilities and Services ................................................................................................. 5 Comparison Table ................................................................................................................ 5 Compliance with City/Town General Plan ............................................................................. 6 Narrative Report Property Location The property that is the subject of this request is located at 10101 West Bell Road, Sun City, Arizona – Maricopa County Parcel # 230-03-261 (the “Property”). This approximately 0.93 acre parcel is at the southwest corner of Bell Road and Boswell Boulevard. The Property is zoned C-2/Intermediate Commercial. Note: the Property has been split into two parcels, each meeting all minimum standards for size and width of a C-2 property, as detailed below. The recorded legal descriptions for the two lots are included with this Second Submittal. However, only one APN is available at the time of filing. Purpose of Request The Owner proposes to develop a drive-through coffee shop and an auto service/oil change facility on the Property. Although the uses are permitted by right in the C-2 district, the necessary menu/ordering sign for the drive-through facility is not possible on the Property without a deviation for Maricopa County Zoning Ordinance §1403.2.4. This application requests approval of rezoning the site from C-2 to C-2/Commercial Plan of Development (or C-2/CUPD). A CUPD will allow placement of the sign on the Property but ensure development that conforms to a Plan of Development/site plan approved with the rezoning case and that mitigates impacts of the sign on residential development in the vicinity. Description of Proposal As noted, this application requests approval of C-2/CUPD zoning on the Property. The two uses on the Property, an auto service/oil change facility and a drive-through coffee shop are allowed in the C-2 district. The buildings, as noted in the Comparison Table, below, and illustrated on the CUPD will exceed required setbacks from the south and west property lines; the setbacks and the perimeter landscape will reduce impacts of the businesses on the neighborhood. The CUPD will allow a necessary drive-through menu/ordering sign on the Property closer to residential development than the Zoning Ordinance permits; However, the CUPD includes to mitigation measures to address noise impacts. These measures include: • Locating the speaker on the ordering sign as far from the two residential lot lines (between 188 and 205 feet to a residence) as possible; • Orienting the speaker to the northeast, towards the Bell/Boswell intersection and away from the closest residential neighbors; • Retaining the existing block walls on the south and west perimeters to help block sound impacts; and • Installation of a shield/shroud on the speaker to limit sound moving to the south and east. Relationship to Surrounding Properties The Property, at the southwest corner of Bell Road and Boswell Boulevard, shares C-2 zoning with the other three corners of the Bell/Boswell intersection. The other three corners are connected to larger commercial centers. The Property is the only commercial parcel at the southwest corner. Commercial uses in the area include: • At the northeast corner: a bank with an attached drive-through facility. • At the southeast corner: a bank with an attached drive-through facility. • At the northwest corner: a gasoline station, an auto body and repair shop, and a billboard. The parcels to the south and west of the Property are zoned R-3 and developed with attached residential condominiums. The location of this residential community and the small size of the Property necessitate the requested deviation in standards for placement of the menu/ordering signs for the proposed coffee shop. The Property and the closest residential development, to the immediate south, are separated by a block wall that ranges in height from five to six feet. Transformers at the southeast corner of the Property, next to Boswell Boulevard, push development on the site away from the residential property line. An approximately 30 foot wide drive aisle accessed from Boswell is at the north end of the condominium neighborhood. The drive aisle services the garages of the five condominiums closest to the Property. The CUPD proposed for the Property retains the existing walls on the south and west property lines. Location and Accessibility The Property, at the southwest corner of Bell Road and Boswell Boulevard, will be accessible from both streets using existing driveways. The driveway from Bell Road is a right-in/right-out restricted access due to a median in Bell Road; the driveway from Boswell Boulevard is full access. Bell Road is classified as a Principal Arterial with three lanes in each direction and a median; MCDOT maintains Bell Road. Boswell Boulevard is classified as a Collector with on lane in each direction; MCDOT maintains Boswell Boulevard. The site will have no access from a local street and no direct vehicular access to or from a residential area. Both street frontages have sidewalks; crosswalks are provided at the Bell/Boswell intersection. Circulation System As noted above, the Property will retain existing driveways from both Bell Road and Boswell Boulevard. The CUPD shows 22 parking spaces; the County Zoning Ordinance requires 12 parking spaces of the site. The queuing lane satisfies Ordinance standards. The two parcels included in the Property will have cross- access agreements recorded to benefit each other. Development Schedule This project has two phases. Development is anticipated to begin on Phase 1 as soon as the CUPD is approved and permits are obtained for the project. The timing for Phase 2 is dependent on finalizing an agreement with an operator/lessee. Community Facilities and Services Community facilities or services located in the immediate area (within 5 miles): • Sun City Visitors’ Center • Sun City Library • Sun City Fire District Auxiliary • Sun City Posse • Banner Rehabilitation Hospital West • Banner Boswell Medical Center • Reunion Rehabilitation Hospital Peoria • Marinette Recreation Center of Sun City • Sun Dial Recreation Center • Bell Recreation Center • Apache Elementary School • Parkridge Elementary School • Parkridge Park and Dog Park • Desert Amethyst Park • Union Hills Country Club • Palmbrook Golf Club • Sun City Lakes East Golf • Sun City Lakes West Golf • Riverview Golf Course Public Utilities and Services The following are the utilities/service providers for the Property: • Water: EPCOR • Wastewater: EPCOR • Garbage/Refuse: Private Service – to be contracted • Fire Safety: Sun City Fire District/Sun City Fire and Medical Department • Police: Maricopa County Sheriff • Power: Arizona Public Service Comparison Table Due to unique issues impacting the Property and related to the particular nature of the proposed drive-through facility, this zone change with overlay request includes deviations from Maricopa County Zoning Ordinance standards, as detailed in the following chart and discussed below. The chart also highlights the many standards/regulations with which the proposed development fully complies. REGULATION BASE ZONING DISTRICT REGULATIONS (C-2) PROPOSED ZONING REGULATIONS (C-2 CUPD) Height 40’ 40’ Min. Front Yard 10’ 10’ Min. Side Yard 10’ (abutting rural or residential) 10’ Min. Street Side Yard 0’ 0’ Min. Rear Yard 25’ (abutting rural or residential) 25’ (abutting rural or residential) Min. Lot Area 6,000 sq.ft. 6,000 sq.ft. Min. Lot Width 60’ 60’ Max. Lot Coverage 60% 60% Parking Spaces 1 space/250 sq.ft. – 12 spaces 12 spaces Screening 6’ solid wall 6’ solid wall Minimum Distance from Menu-Board Sign with Speaker Box to Residential District 200’ 158’ to south 175 feet to west Although the only standard from which this application requests deviation for Ordinance requirements is the spacing distance for the menu board sign, the Plan of Development in most instances provides setbacks and parking that exceed Ordinance standards. The Owner submitted a Plan of Development application for concurrent review with this rezoning application; it will amend the POD to include the speaker box after approval of this rezoning application. The submitted POD is included as a zoning exhibit with this second submittal. The conceptual site plan with the speaker box is included with this second submittal. • Minimum Spacing – Menu Board from Residential District. The Owner proposes to have a menu board sign for a drive-through coffee shop placed 158 feet from the residential district to the south and 175 feet from the residential district to the west of the Property. As noted above, the deviation will mitigate impacts on the area by orienting the menu board sign to the Bell/Boswell intersection, shrouding/screening the speaker to limit sound travelling to the south and west, and maintaining the existing solid wall along the south and west boundaries of the Property to buffer sound from the menu board sign. Compliance with City/Town General Plan The Property, which is in the Sun City area of unincorporated Maricopa County, is not within a municipal Planning area. For that reason, the site is not addressed in a municipal general plan. However, the Property is within the boundaries of the County’s White Tank/Grand Avenue Area Plan and the Maricopa County Vision 2030 Comprehensive Plan. The proposed redevelopment of the Property with the addition of a CUPD conforms to and supports those plans as discussed below. This application seeks only approval of a CUPD and not a full rezoning of the Property as the site is zoned C-2 and allows the proposed uses. For this reason, the analysis that follows focuses only on the land use elements of the two plans. WHITE TANK/GRAND AVENUE AREA PLAN The White Tank/Grand Avenue Area Plan is the more detailed of the two plans. Maricopa County uses area plans to provide greater guidance in specified areas than is possible in a comprehensive plan that covers an area the size of Maricopa County. The White Tank plan designates the Property for residential use; this is the designation used for all of Sun City, despite its necessary, appropriate, and developed breadth of uses. A small office building stood on the Property for over 40 years – from its construction in 1976 until its demolition in 2022. The redevelopment of the site for different commercial uses is appropriate; at less than one net acre, the parcel is too small to accommodate the residential use depicted on the White Tank plan. The White Tank plan includes one land use goal and several related objectives and policies this application furthers, as follows: Goal 1: Promote balanced, efficient, and compact land development patterns with the WTGA planning area with the appropriate level of services for water, wastewater, education, and public safety that is compatible with adjacent land uses, is well integrated with the transportation system, and is sensitive to the natural environment. Response: The proposed CUPD is intended to foster new uses that are compatible with adjacent residential use and a location fronting on Bell Road, a major thoroughfare. The drive-through coffee shop and its signage are being designed to limit impacts on the area. Existing screening between the commercial and residential parcels and careful position of the menu/ordering signs will permit the use to thrive without impact to the closest residential neighbors. The site is well-served with necessary utilities. Land Use Policy #2: Maricopa County supports development within the WTGA planning area with commensurate services or infrastructure and development that adequately mitigates negative impacts to surrounding lands or communities. Response: The proposed use of the Property will add to the variety of commercial uses along Bell Road to serve area residents and passersby without straining available services or infrastructure. The project design is intended to keep the site safe and not to have deleterious impacts on neighbors. Land Use Policy #5: Maricopa County supports high quality commercial centers and well-designed office, business, and industrial parks that are properly located within the WTGA planning [area] and that [are] proximate to populated areas and transportation facilities. Response: As noted above, the Property fronts on Bell Road, a major road that carries high volumes of traffic east and west. This well designed site is appropriate for the project and will provide a buffer for the condominiums to the south from Bell Road. MARICOPA COUNTY VISION 2030 COMPREHENSIVE PLAN The Vision 2030 Comprehensive Plan addresses broad policy issues for Maricopa County, the 15th largest county in the United States by land area. However, Vision 2030 includes some guidance applicable to the development of the Property, as discussed below. Land Use Goal #1: Achieve balanced and efficient development patterns. Response: The continued commercial use of the Property, subject to the proposed CUPD, will help support an appropriate balance of uses and development pattern for the area. Land Use Policy #17: Maricopa County supports balanced land use patterns that include various residential, retail, non-retail employment, and public and civic land uses. Response: The proposed drive-through coffee shop will help diversify the mix of commercial uses along Bell Road. Only two drive-through coffee options exist on Bell Road between the Loop 101 and the Agua Fria riverbed. The number of outlets is low for 4.3 mile stretch of a major roadway. Page 1 of 1 James Philbin, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 372-4362 www.maricopa.gov/planning Email address: james.philbin@maricopa.gov Planning & Development Engineering Plan Review Date: December 20, 2023 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joseph Mueller, Planner, Planning & Development Services From: James Philbin, P.E., Plans Examiner Engineer, Planning & Development Services cc: Michael Norris, P.E., Engineering Manager, Planning & Development Subject: Z2023149 - Zone Change (C-2 to C-2 CUPD) (E1 Memo) Job Site Address: 10101 W Bell Rd, Sun City, AZ 85351 APN(s): 230-03-261 This application is to specify zoning for future development and does not include a Plan of Development. PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the 1st submittal of the Zone Change application routed for review on December 08, 2023, and has no objections subject to the following conditions: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, 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. A traffic impact study must be submitted with future entitlement (POD) application(s). 3. Engineering review of re-zone cases is conceptual in nature. 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. Please contact me if you have any questions or require any additional information. Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 S u b d i vi s io n @ m a ri co p a .go v e s d .m a r i c o pa .g o v The Maricopa County Environmental Services Department (MCESD) has completed review for the Application for C-2 CUPD zoning at 10101 West Bell Road. planning case(s). Please note the following MCESD requirements for site development: Environmental Health – For any food service operations occurring on site, where food is offered, sold, or prepared from a fixed/permanent location, requires submittal of a Permanent/Fixed Food Establishment Permit application. • Additional information for permanent/fixed establishments can be found on the Environmental Health webpage. For Environmental Health related questions, please call (602) 506-6824. Subdivision and Infrastructure – An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. For subdivision related questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov. Additional Notes – Environmental Services does not require these items for condition of approval of Z2023149, however these items must be addressed with the development of the site. Environmental Services does not require additional review of this case. Project Name: Application for C-2 CUPD zoning at 10101 West Bell Road. Primary Contact Name: William F. Allison Planning Application Type: Zone Change with Overlay APN(s): 230-03-261 Reviewer: Souren Naradikian, P.E. Email: Souren.Naradikian@maricopa.gov Phone: 602-372-2907 Planner Name: Joseph Mueller Planning Case #: Z2023149 Date: December 8, 2023 Water and Waste Management Division Page | 2 *It should be noted that this document does not approve the referenced project. Comments are provided for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County Planning and Development Department. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on current regulations at the time of application.