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April 10, 2023 Z2023112 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: April 10, 2024 Case #/Title: Z2023112 – Englund Equipment Supervisor District: 5 Applicant/Owner: Shaine Alleman, Tiffany & Bosco, P.A / 11328 Buckeye Rd, LLC Request: Zone change from Rural-43 & C-3 to IND-2 IUPD Site Location: Generally located at the NEC of Avondale Blvd. & Buckeye Rd. in the Cashion/Avondale area Site Size: Approximately 12.15 acres County Island Status: Yes (City of Avondale) Additional Comments: There are no outstanding concerns from County reviewing agencies. The requested zone change with overlay from Rural-43 & C-3 to IND-2 IUPD will permit continued use and expansion of Englund Equipment’s trucking operations, including semi-truck parking and storage. The site is currently in violation of the county’s zoning ordinance, as a truck terminal is not a permitted use in either C-3 or Rural-43 zoning. The proposed IND-2 IUPD zoning will remedy the violation, and will further accommodate future industrial and mixed uses that are appropriate along the railroad and highway. The parcel is in a corridor along the railroad that is an unincorporated county island surrounded by City of Avondale. The City’s general plan designated this corridor for Mixed Use that encourages vertically integrated developments comprised of residential, retail, dining, office, and entertainment / recreational uses to promote alternative modes of transportation. Although the site does have access to alternative modes of transportation with proximity to the Union Pacific Railroad, this existing transportation facility is oriented to freight traffic rather than pedestrian passenger service. In most regards, MC 85, and the railroad beside it, serve as an industrial arterial accommodating similarly zoned industrial uses in the south and southwest valley. On March 4th, after publishing of the report to the commission, the City of Avondale provided a letter of opposition to the request asking the planning and zoning commission to direct the property owner to annex into the City prior to zone change and development, April 10, 2023 Z2023112 Page 2 of 4 or if the case is approved, the City requests development comply with their requirements for water utility services, street improvements and ingress/egress to City public right-of-way, emergency access and adherence to City fire prevention measures and a neighborhood meeting that notifies property owners within a 1,000-foot radius of the subject parcel consistent with City public notification requirements. City comments were provided to the Commission at their March 7th hearing. Commissioner Montoya expressed familiarity with the site and described its configuration as difficult to develop for anything other than for what it is currently being used. Commissioner Schlosser echoed Commissioner Montoya’s sentiment in regard to the use of the site having been established prior to the proximate residential development to the north. As recommended by staff, conditions ‘d’ will address the City’s concern for street improvements by having the applicant coordinate with the City to review traffic impact, dedication, permitting or roadway improvement requirements. Condition ‘e’ addresses the City’s fire safety concerns by requiring written confirmation from the emergency fire protection agency having jurisdiction over the site and authority to provide emergency fire protection service prior to certificate of occupancy. Condition ‘f’ addresses the City’s water service concern by requiring either a pre- annexation agreement or a ‘will serve’ letter from the certificated water and sewer provider. One letter of support was received by Mr. Terry Walker after publishing of the report to the Commission. He noted compatibility with the industrial development patterns along the railroad. Property to the east has applied for a similar IND-3 IUPD rezoning. Mr. Walker’s letter was included in the Commission handout. One letter of opposition was received from Mr. Doug McClure, a homeowner within 126’ of the site, and was detailed in the report to the Commission. On March 8th, Mr. McClure submitted objection to the Commission’s recommendation. On March 9th and 10th, Mr. McClure sent two more objections as a rebuttal to the Commissioner’s reasoning for their recommendation. These letters are attached. There is no other known opposition to the proposed IND-2 IUPD zoning. Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023112 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Site Plan for Truck Terminal Parking“, consisting of two full-size sheets, dated January 23, 2024, and stamped received January 24, 2024, except 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 April 10, 2023 Z2023112 Page 3 of 4 will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “Englund Equipment Company”, consisting of 17 pages, dated August 29, 2023, and stamped received January 24, 2024, except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply: 1. Minimum Side Yard Setback: 0 ft. 2. Chain link fence with screening material not less than six feet in height adjacent to or abutting any rural or residential zoning boundary to the north property boundary. 3. Chain link fence without screening material not less than six feet in height for east, south, and west property boundaries. d. The following Planning Engineering conditions 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. Detailed Grading and Drainage Plans must be submitted with the application for Building Permits. 3. Avondale Boulevard is within the jurisdiction of the City of Avondale. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 4. For sites located within the County’s Urbanized Area, a Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. 5. Retention basins with stormwater depths exceeding one foot shall provide one foot of freeboard. 6. All retention basins shall drain within 36 hours per County requirements. e. 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. f. Prior to precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service April 10, 2023 Z2023112 Page 4 of 4 agreement with the City of Avondale that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre- annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. g. All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. h. Any amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. i. Noncompliance with any Maricopa County Regulation may be grounds for initiating a revocation of this zone change per the requirements and processes set forth in the Maricopa County Zoning Ordinance. j. 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. k. 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: Daniel Johnson, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: McClure objections (7 pages) 3/7/24 P&Z handout (6 pages) 3/7/24 P&Z packet (45 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. 1 Daniel Johnson (PND) From: Rachel Applegate (PND) Sent: Friday, March 8, 2024 1:18 PM To: Daniel Johnson (PND) Subject: FW: Appeal case Z2023112 From: Doug McClure <doug.mcclure1@outlook.com> Sent: Friday, March 8, 2024 12:57 PM To: PND PZAppeal <PNDPZAppeal@maricopa.gov> Subject: Appeal case Z2023112 I would like to appeal the decision made by the Planning and Zoning Commission. This was not a truck stop when I moved here in 2005. It can clearly be seen in the satellite photo from 2005 that there were no trucks parked there. It was not ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. ZjQcmQRYFpfptBannerEnd I would like to appeal the decision made by the Planning and Zoning Commission. This was not a truck stop when I moved here in 2005. It can clearly be seen in the satellite photo from 2005 that there were no trucks parked there. It was not zoned for industrial use before, and they insist that they can change it now that a residential development was built. They create a lot of air and noise pollution and an offensive view. If the zoning is changed, they should not be given a waiver for screening. Douglas McClure 11155 W Tonto St Avondale AZ 85323 1 Daniel Johnson (PND) From: Rachel Applegate (PND) Sent: Monday, March 11, 2024 6:26 AM To: Daniel Johnson (PND) Cc: Darren Gerard (PND) Subject: FW: Z2023112 From: Doug McClure <doug.mcclure1@outlook.com> Sent: Sunday, March 10, 2024 9:17 AM To: PND PZAppeal <PNDPZAppeal@maricopa.gov> Subject: Z2023112 The area was zoned commercial because it had been commercial all these years. It was not until 2020 that Englund Equipment company started renting out trucking spaces. They also seem to have closed down their terminal in Texas and moved it ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. ZjQcmQRYFpfptBannerEnd The area was zoned commercial because it had been commercial all these years. It was not until 2020 that Englund Equipment company started renting out trucking spaces. They also seem to have closed down their terminal in Texas and moved it here. That is when it became industrial. The houses were there 15 years before that. Englund should know they needed a permit to do this. They do not care about the law. They do not care about their neighbors. That is why this property should not be rezoned. They should also be required to build a wall like anyone else if the zoning is changed. That is what the regulations say. They should have to follow regulations like anyone else. Doug McClure 11155 W Tonto St. Aavondale AZ 85323 1 Daniel Johnson (PND) From: Rachel Applegate (PND) Sent: Monday, March 11, 2024 6:26 AM To: Daniel Johnson (PND) Cc: Darren Gerard (PND) Subject: FW: Z2023112 Attachments: -1381885419_20231026_132514_5235762.jpg; -436394720_20231026_132557_4857310.jpg; 1492647033_20231026_132506_3784234.jpg; 2057301190_20231026_132458_3956657.jpg From: Doug McClure <doug.mcclure1@outlook.com> Sent: Saturday, March 9, 2024 2:37 PM To: PND PZAppeal <PNDPZAppeal@maricopa.gov> Subject: Z2023112 Englund has no regard for their neighbors and should not get zoning change. If I expand my house I know I have to get a permit. They did not get a permit. Sent from my Galaxy ZjQcmQRYFpfptBannerStart This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. ZjQcmQRYFpfptBannerEnd Englund has no regard for their neighbors and should not get zoning change. If I expand my house I know I have to get a permit. They did not get a permit. Sent from my Galaxy