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DATE:
March 6, 2024
TO:
Planning & Zoning Commission
From:
Daniel Johnson, Planner
SUBJECT:
Z2023112 – Englund Equipment
Agenda Item: 7
Since the publishing of the staff report, staff received a letter of support from Terry Walker of
Dandi Village Properties and a letter of opposition from the City of Avondale.
The letter of support comes from the adjacent property owner to the east and states that they are
familiar with the established commercial and industrial uses of the Englund Equipment property
for many decades and that the rezone is compatible with the historically industrial
development patterns along the railroad. The adjacent property is also bisected in half by
Rural-43 zoning & C-3 zoning, historically developed with a now vacant warehouse just
north of the railroad. This property has applied for a rezoning application from Rural-43 & C-3
to IND-3 IUPD in inactive status since August 2023.
The letter of opposition from the City of Avondale states the proposed rezoning does not conform
to The City’s adopted General Plan and Specific Area Plan. The City’s General Plan designates the
site as part of an area for Mixed-Use that encourages innovatively designed developments of
residential and commercial and further. The letter further requests the Commission to direct the
applicant and property owner to seek annexation prior to rezoning and development.
The subject site and other parcels on north side of MC 85 between 107th Ave. and Avondale Blvd.
are split zoned between C-3 on the south (highway frontage) and Rural-43 on the north. They were
historically used for railroad related (industrial) activities. In later years, the subject parcel
contained a legal non-conforming (LNC) trucking business that expanded in scope into a truck
terminal and in geographic area from the C-3 into Rural-43 zoning as well as further east in the C-
3 zoning.
There is existing IND-3 zoning for most of the north side of MC 85 along the railroad tracks from
just west of Avondale Blvd. for 1.5 miles to the Agua Fria River. Industrial zoning is appropriate
for railroad siding. Such locations are a limited infrastructure resource.
If the case is to be approved, the City requests development comply with their requirements for
water utility services, street improvements and ingress/egress to public right-of-way, and fire
requirements for secondary emergency access, hydrants and other fire prevention codes.
Additionally, the City requests a public participation process that includes a neighborhood
meeting that notifies property owners within a 1,000-foot radius of the subject parcel consistent
with City public notification requirements.
As recommended by staff, condition ‘d’ will address the City’s concern for street improvements
and ingress/egress to public right-of-way by having the applicant coordinate with the City to
review any traffic impact, right-of-way dedication, permitting or roadway improvement
requirements.
Condition ‘e’ will address the City’s fire safety concern by requiring written confirmation from the
emergency fire protection jurisdiction having authority to provide emergency fire protection
service prior to certificate of occupancy.
Condition ‘f’ will address the City’s water service concern by requiring an executed pre-annexation
service 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.
The Commission may wish to consider the following options on this case:
1.
Indefinitely continue the matter. This will allow the applicant to coordinate with the City of
Avondale to address their concerns. The applicant may also wish to coordinate with the
applicant for adjacent IND-3 IUPD rezoning case (Z2023048) and the railroad for shared
access to/from 107th Ave. and Avondale Blvd., consistent screening treatment for residential
neighborhoods along the north, etc.
2. Continue the matter to a date specific to afford opportunity for the applicant to modify his
request. A special use permit (SUP) for a 10-year interim industrial use may be more palatable
to the City and would give the property owner time to develop an exit strategy for current
business operations on site and to seek longer term zoning entitlement for ultimate site
development.
3. Deny the request due to the expressed concerns from the City of Avondale and concern that
IND-2 IUPD zoning without City support will foster a permanent county island.
4.
Approve with the staff-recommended conditions if you find them to satisfactorily address the
City’s concerns and consider IND-2 IUPD with its potential to permit mixed-used development,
including housing, to be an appropriate zoning along the railroad.
Attachments:
City of Avondale letter of opposition (3 pages)
Letter of support (1 Page)
________________________________________________
City of Avondale
Development Services Department
11465 W. Civic Center Drive
Avondale, Arizona 85323-6804
Phone: (623) 333-4000 Fax: (623) 333-0420
www.avondaleaz.gov
1
March 4, 2024
Maricopa County Planning & Development Department
ATTN: Tom Ellsworth, Director of Planning & Development
301 West Jefferson Street
Suite 170
Phoenix, AZ 85003
tom.ellsworth@maricopa.gov
Subject: Rezoning application Z2023112-Englund Equipment, APN 101-01-008B
Dear Mr. Ellsworth:
The City of Avondale, Arizona received a public hearings postcard notice for rezoning case number
Z2023112-Englund Equipment. The subject parcel number, APN 101-01-008B, is within the Avondale
Planning Area and is located along the northeast corner of Buckeye Road/MC85 and Avondale
Boulevard. This parcel is currently zoned in Maricopa County with two zoning districts, C-3 (General
Commercial) and RU-43 (Rural 43-One Acre Per Dwelling Unit).
The applicant’s proposed rezoning from C-3 and RU-43 to IND-2 IUPD (Industrial Plan of Development)
“for continued operation and expansion of Englund’s existing trucking operations and similar industrial
land uses” is not conforming to and consistent with the City’s adopted General Plan and Specific Area
Plan for Old Town, Cashion, and Las Ligas/Rio Vista. The General Plan’s Mixed Use land use designation
for the subject parcel, and the abutting County parcels to the east, is for a mixture of residential and
commercial. This category encourages innovatively designed developments, which create a core living
environment, reflective of a village concept where residents can live, work, and recreate within the
same development or close by.
Further, the City’s adopted Specific Area Plan for Old Town, Cashion, and Las Ligas/Rio Vista sets forth
plans for properties along the north side of Buckeye Road/MC85 between Avondale Boulevard and 107th
Avenue. These parcels are identified as being within a key focus area in these Plans. There are
developed and abandoned industrial uses and vacant land within Maricopa County’s jurisdiction. These
properties abut an existing greenbelt/open space and single-family residential subdivisions to the north.
The subject site at the northeast corner of Avondale Boulevard and Buckeye Road has limited access
only from Avondale Boulevard due to the existing Union Pacific Railroad tracks along Buckeye Road and
has a narrow depth. As the adopted Specific Plan indicates, the property, and adjacent County parcels,
could potentially be annexed into the City and developed with commercial uses (retail, restaurant,
office, entertainment, art spaces, etc.) or open space such as a lineal park to serve the surrounding
neighborhoods, enhance the Buckeye Road streetscape, and revitalize the area. The option of a linear
park may be ideal as a public space in this area would serve residents in Cashion and surrounding
________________________________________________
City of Avondale
Development Services Department
11465 W. Civic Center Drive
Avondale, Arizona 85323-6804
Phone: (623) 333-4000 Fax: (623) 333-0420
www.avondaleaz.gov
2
neighborhoods.
In reviewing the applicant’s rezoning application narrative, the request to maintain an existing 6-foot
high chain link fence with a screening material along the north property line between the single-family
residential subdivision, which includes a greenbelt, and the industrial site is not supported. Dissimilar
land uses such as industrial adjacent to single-family residential subdivisions, including community
greenbelts/open space, should have a solid wall buffer as required by the County’s IND-2 zoning.
Reducing the required side yard setback along the north property line from a minimum of 5 feet to 0
feet is not supported. Dissimilar land uses such as industrial adjacent to single-family residential
subdivisions, including community greenbelts/open space should have a setback maintaining uses and
activities away from the property line and a required solid screen wall. The existing greenbelt/open
space is part of the existing single-family residential subdivisions CW Ranch/Starlight Ranch, Vista Del
Verde, and Glenhurst along the north boundary of the County parcels north of Buckeye Road from
107th Avenue extending westward past Avondale Boulevard. The greenbelt/open space is an actively
used pedestrian trail providing pedestrian connectivity for Avondale residents.
The City of Avondale does not support the proposed rezoning request in application Z2023112-Englund
Equipment on parcel APN 101-01-008B.
Maintaining compatible zoning and development standards adjacent to single-family residential
subdivisions and open space tracts to promote public health, safety, and welfare as well as ensure
orderly growth is important to the City.
The City of Avondale respectfully requests that Maricopa County’s Planning & Zoning Commission and
Board of Supervisors oppose the proposed rezoning case for the subject parcel to allow the continuance
of industrial use, the expansion of industrial use, and adding other industrial uses due to its
incompatibility with existing residential uses, the Avondale General Plan, and the Specific Area Plan for
Old Town, Cashion, and Las Ligas/Rio Vista. The City requests the County direct the property owner and
developer to the City for annexation and development. This would allow the City to meet long-range
plans for implementing redevelopment along this corridor.
If the rezoning request for the project should be approved by Maricopa County, it should be understood
that the development must comply with City requirements for water utility services, street improvements
and ingress/egress to City public right-of-way, and fire requirements for secondary emergency access,
hydrants, and other fire prevention codes. Further, the City requests a public participation process
including a neighborhood meeting that notifies property owners within a 1,000-foot radius of the
subject parcel which is consistent with notification requirements in the City. This will enable the
community to provide input on the proposed development.
The City is firmly committed to working with the County to uphold the goals and policies of its
comprehensive plan. Approval of applications such as this application which are not consistent with or
conform to the City’s general plan undermines the planning process.
________________________________________________
City of Avondale
Development Services Department
11465 W. Civic Center Drive
Avondale, Arizona 85323-6804
Phone: (623) 333-4000 Fax: (623) 333-0420
www.avondaleaz.gov
3
I am available if you have any questions or if you would like to discuss this project further. Please keep me
updated on this process and any future public hearings that may take place.
Sincerely,
Jodie Novak
Director, Development Services Department
City of Avondale
CC:
Ron Corbin
Tracy Stevens
Cherlene Penilla
Nicholle Harris
Catherine Lorbeer
Larry Rooney
Kirk Beaty
To Whom it My Concern
We are the adjacent property owner and are familiar with the established commercial and
industrial uses that have been established in the area for many decades.
We believe these uses continue to make sense in the area being next to a railroad and with the
historical development patterns that have occurred. Englund has explained the rezone
application to use and provided us with the application materials and site plan. We have no
issues with the rezone proposal and fully SUPPORT the rezone application. We also believe the
proposed rezone will not be detrimental to the area and is compatible with how the area has
developed.
Dandi Village Properties
Terry Walker
Terry@saltworks.us.com
480-734-5898
DANDI VILLAGE
PROPERTIES LLC
Z2023112
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2023112 – Englund Equipment
Hearing Date:
March 7, 2024
Supervisor District:
5
Applicant:
Shaine Alleman, Tiffany & Bosco, P.A
Owner:
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
Density:
N/A
County Island:
Yes (City of Avondale)
County Plan:
Maricopa County Vision 2030 Comprehensive Plan – Rural Development
Area (0-1 d.u./ac)
Municipal Plan:
Avondale General Plan 2030 – Mixed Use
Municipal Comments:
None received to date.
Support/Opposition:
1 letter of opposition
Recommendation:
Approve with conditions
Z2023112
Page 2 of 9
Project Summary:
1.
Applicant Shaine Alleman of Tiffany & Bosco, P.A. is requesting a zone change with overlay from
Rural-43 & C-3 to IND-2 IUPD to allow continued use and expansion of Englund Equipment’s
trucking operations, including semi-truck parking and storage in the IND-2 zoning district (MCZO
Section 902.2). The subject property is located at the NEC of Avondale Blvd. & Buckeye Rd. in the
Cashion area. The site is designated Rural Development Area outside of any county area plan.
The area of the site is approximately 12.15 acres. Primary site access is an established driveway
from Avondale Blvd. to the west.
2.
The proposed IND-2 IUPD zoning district will enable Englund to continue to operate its existing
trucking-related land uses on the property. The current trucking operations are in violation of the
county’s zoning ordinance, but IND-2 IUPD zoning will remedy the violation. The conceptual site
plan provided with this application demonstrates layout of proposed uses on the property as part
of the rezone to IND-2 IUPD. The property use is generally depicted on the conceptual site plan
provided with this application.
3.
The existing buildings will remain on the property as they have since the 1950s. Englund intends
on entitling and continuing the current trucking uses as well as a mobile food truck set up near
the street corner. Since these structures were developed prior to September 22, 2008, an as-built
plan of development had been approved under LU20130102. More recently, an existing area on
the western portion has been developed for a food truck tenant and bathrooms as an available
amenity for the overall property. Similarly, this use was developed prior to September 22, 2008,
and has been memorialized through approval of LU20200017 as an as-built plan of development.
4.
There is an existing 300’ wireless communication facility lattice tower approved by special use
permit first developed circa 1985, with most recent modification to extend the validity of the
special use permit to December 6, 2048, approved by the Board of Supervisors on December 6,
2023. No changes are proposed to the tower with this application.
5.
Access to the property will remain on Avondale Boulevard as it has for many years. This access
is restricted to right-in/right-out turn movements due to proximity the both the at-grade railroad
crossing and the arterial intersection. Those utilizing the truck-related parking on the eastern
portion of the property will access it with the existing drive aisles. The use will comply with other
development regulations, as amended with the proposed IUPD overlay. The property will be
maintained for dust, trash and weed control on a regular basis. To alleviate dust and sound
concerns that could be created by vehicles coming to and from the property, any of the locations
where vehicles will be driving or parking on the property will be covered with compacted asphalt
millings. Per the applicant’s project narrative, the zone change will accommodate future industrial
uses that are more in line with the existing uses surrounding the site which sits adjacent to the
railroad, access to MC-85 (Buckeye Rd.) via Avondale Blvd., and a future industrial site to the east.
The applicant has proposed the IUPD to deviate standards to allow flexibility to develop the site
within the IND-2 zoning district.
Z2023112
Page 3 of 9
2023 Aerial Image
Zoning Map
6.
The development standards and use regulations for the base IND-2 zoning district and the
proposed IUPD are contrasted in the table below:
Regulation
Base Zoning District
Regulations (IND-2)
Proposed Zoning
Regulations (IND-2
IUPD)
Min. Side yard setback (north
property boundary)
5’ – Adjacent to RU-43
0’
Perimeter Screening (north
property boundary)
6’ high solid masonry wall
adjacent to or abutting any rural
or residential zoning boundary
6’ high chain link fence with
screening material adjacent to
or abutting any rural or
residential zoning boundary
Perimeter Screening (east,
south, and west property
boundaries)
6’ high building walls, walls or
fences of any view-obstructing
material.
6’ high unscreened chain link
fence.
7.
No additional deviations are necessary, and all other standards not described above will comply
with the provisions of the Maricopa County Zoning Ordinance (MCZO). The applicant is
requesting to vary the development standards to promote flexibility to allow the subject site to be
developed in a way that maximized the utility of the site while not negatively impacting the area
in conjunction with surrounding land uses. The site is separated from the existing single-family
subdivision to north by an existing 126’ landscaped open space tract to the north. Ample
separation will exist between development on the site and residential uses to the north, so
eliminating the setback and solid wall screening to the north will not have a negative impact on
Z2023112
Page 4 of 9
the residential subdivision further north. Since the east, south and west property boundaries are
adjacent to existing industrial uses and rights-of-way, site screening is unnecessary.
8.
The table below lists permitted and prohibited uses for the IUPD.
Use
Permitted
Prohibited
Accessory buildings and
uses customarily incidental
to an allowed use.
x
Adult oriented facilities
x
Any Use permitted in the C-1
Zoning District as outlined in
the MCZO, except uses
explicitly prohibited herein
x
Any Use permitted in the C-2
Zoning District as outlined in
the MCZO, except uses
explicitly prohibited herein
x
Any Use permitted in the C-2
Zoning District as outlined in
the MCZO, except uses
explicitly prohibited herein
x
Bars, including retail sales of
packaged goods for off-site
consumption
x
Bowling alleys
x
Bus depots
x
Circus and carnival grounds
having permanent facilities
x
Dance halls and nightclubs,
including outdoor amplified
music
x
Drive-in or outdoor theaters
x
Funeral homes, mortuaries
and chapels
x
Hotels, motels, resorts
x
Liquor stores
x
Medical marijuana
dispensary facilities and/or
marijuana establishment
x
Miniature golf courses and
driving ranges
x
Permanent facilities for
rodeos, auctions, swap
meets, campgrounds, and
sites rented for private
parties
x
Pet boarding of cats, dogs
and other small animals
x
Recreation centers with pool
halls or billiards
x
Z2023112
Page 5 of 9
Theaters
x
Zoos, including the keeping
of wild or exotic animals on a
private or commercial basis
x
Existing On-Site and Adjacent Zoning / Land Use:
9.
On-site:
Rural-43 & C-3 / Trucking & transportation services, warehousing,
office, cell tower, food truck
North:
City of Glendale PAD / 126’ wide landscaping & drainage tract
South:
C-3 / Union Pacific Railroad then Buckeye Rd.
East:
Rural-43 & C-3 / Vacant warehouse
West:
City of Avondale / Avondale Blvd. then landscaping & drainage tract
Utilities and Services:
10.
Water:
City of Avondale
Wastewater:
City of Avondale
Fire:
Rural Metro
Police:
MCSO
Right-of-Way:
11.
Avondale Blvd. is an arterial within the jurisdiction of the City of Avondale. The applicant will be
responsible for coordinating with Avondale for any required permitting, right-of-way dedication
and traffic impact.
Adopted Plan:
12.
Avondale General Plan 2030 (adopted 4/2/2012, amended 12/4/2023): The City of Avondale
General Plan designates the subject parcel as Mixed Use which encourages vertically integrated
developments comprised of residential, retail, dining, office, and entertainment / recreational
uses to promote alternative modes of transportation with access to and integration of transit
facilities. The proposed zoning does not conform with the City’s General Plan. 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, Buckeye Rd, and the railroad beside it, serve as an industrial
arterial accommodating similarly zoned industrial uses in the south and southwest valley.
13.
Maricopa County Vision 2030 Comprehensive Plan: Unincorporated areas outside of county area
plans are designated Rural Development Area and are only appropriate for rural land uses and
rural zoning.
Public Participation Summary:
14.
The applicant complied with the Maricopa County Citizen Review Process with the required
posting of the site and notification by first class mail to adjacent property owners within 300 feet
of the subject site and area interested parties. Signs were posted on the site in accordance with
applicable regulations. Staff received a public participation results report in accordance with
Z2023112
Page 6 of 9
County requirements, and the applicant did not receive any concerns or issues from interested
parties. The applicant also provides that no negative feedback had been received by the City of
Avondale. Staff mailed the required Notice of Public Hearing postcards on February 24. To date,
staff has received one letter of opposition concerning this zone change request.
15.
On February 24, staff received the only memo of opposition by a homeowner located across the
126’ wide landscape and drainage tract to the north of the site. His concerns regarding the
existing use of the property since purchasing his then new build home in 2005 include noise,
additional traffic, environmental concerns, and debris. His emailed memo included photos of the
debris on-site taken from the drainage tract at the subject property’s northern property line dated
October 26, 2023. The message included with the photos of the debris on site state “They did
clean up after.” Two additional photos, dated February 25, 2024, appear to be taken from behind
his backyard wall show the site across the 126’ tract with the following message “Not want
anyone wants to see outside their house.”
Outstanding Concerns from Reviewing Agencies:
16.
N/A
Staff Analysis:
17.
The subject site is within the City of Avondale Municipal Planning Area which identifies the land
use as Mixed Use. The proposed IND-2 IUPD zoning would facilitate some of the desired
employment uses identified by the City of Avondale. However, staff did not receive comment from
the City of Avondale to confirm.
Commercial and Industrial Uses along Buckeye Rd
18.
Due to Buckeye Rd. serving as the primary arterial along the Union Pacific Railroad, the general
surrounding area has been developed with higher intensity uses. These uses include indoor
storage adjacent to the northwest corner of the site, subdivision tracts to the west across
Avondale Blvd, Littleton Elementary School across the intersection from the southwest corner of
the property, a major commercial shopping center to the south along with smaller business and
a church at the southern eastern half of the subject parcel across Buckeye Rd., to the east a
vacant warehouse. The properties across Avondale Blvd. and Buckeye Rd. are within the City of
Avondale, not in unincorporated Maricopa County. While the subject site may be ready for a higher
intensity use staff, is of the opinion that annexation and development in Avondale is optimal since
water and sewer services must be obtained from the city. Annexation is encouraged, as
highlighted in the Vision 2030 Comprehensive Plan’s policy “Urban Solutions for Urban
Development.”
19.
Staff considers the existing 126’ wide drainage and landscape tract immediately north of the site,
along with the requirement for site screening for the entire northern boundary, to be an adequate
buffer between the proposed industrial zoning and the existing 13 residences that share a
Z2023112
Page 7 of 9
backyard wall with this tract. Since the use of the property has been industrial well before the
subdivision had been developed within Avondale city limits to the north, along with minimal
opposition received so far, staff is supportive of the proposed IND-2 IUPD zoning with the
recommended conditions due to its general compatibility with surrounding land uses and
development patterns.
Recommendation:
20.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023112 subject to the following 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
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.
Z2023112
Page 8 of 9
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
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:
Matthew Holm, AICP, Planning Supervisor
Z2023112
Page 9 of 9
Attachments:
Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 2 pages)
Narrative Report (17 pages)
MCESD comments (2 page)
Planning Engineering comments (3 pages)
Letter of Opposition (11 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 13 approx.
Generated February 27, 2024 1:41 PM
Z2023112
Application Name:
Legal Description
Englund Equipment EDR
Applicant
Case Address
T01N R01E 7,
Shaine T. Alleman for Tiffany & Bosco P.A.
11328 W BUCKEYE Rd
Applicant Phone/Email
Parcel Primary:101-01-008B
602.452.2712
sta@tblaw.com
AVONDALE AZ 85323
Map scale 1:5,611
Supervisor District No.
REZONE OF PROPERTY TO ALLOW CONTINUED EXPANSION OF ENGLUND'S OPERATIONS,
INCLUDING TRUCK PARKING AND STORAGE.
1 OF 1
FRANK
CIVIL
CONSULTING
480.654.4533
P.O. BOX 22128
MESA, AZ 85277
DATE ISSUED:
DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT NO.
SHEET NO.
REVISIONS:
SCALE:
FRANK
CIVIL
CONSULTING
480.654.4533
7254 EAST SOUTHERN AVENUE
MESA, AZ 85209
FINAL SITE PLAN FOR
TRUCK TERMINAL PARKING
11328 W. BUCKEYE ROAD
AVONDALE, AZ
T. BECK
T. BECK
AS NOTED
ACKNOWLEDGEMENT / DISCLAIMER:
THE BOUNDARY, EASEMENTS, LEGAL DESCRIPTION,
SITE IMPROVEMENTS, ETC., SHOWN HEREON IS FROM
AN A.L.T.A. / N.S.P.A. LAND TITLE SURVEY DATED 3/5/2021
BY ALLIANCE LAND SURVEYING LLC., AND PROVIDED TO
FRANK CIVIL CONSULTING BY OWNER FOR SITE
PLANNING PURPOSES ONLY.
FRANK CIVIL CONSULTING MAKES NO WARRANTY,
IMPLIED OR OTHERWISE, AS TO ITS ACCURACY OR
VALIDITY. THIS INFORMATION IS PROVIDED FOR
INFORMATION AND REFERENCE PURPOSES ONLY TO
ASSIST IN THE REZONE OF THE SUBJECT PARCEL.
FINAL SITE PLAN FOR TRUCK TERMINAL PARKING
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA
REQUEST ZONING CHANGE FROM C-3 AND RURAL-43 TO IND-2 IUPD
PRE-APPLICATION MEETING REF. NO.: PA2022214
PROJECT SITE INFORMATION
ADDRESS: 11328 W. BUCKEYE ROAD, AVONDALE, AZ
APN: 101-01-008B
AREA (NET) OF PARCEL 101=01-008B: 12.127 AC (528,254 SF)
AREA (NET) OF TRUCK PARKING (EAST OF GATE): 7.38 AC (321,400 SF)
TRUCK PARKING REQUIRED: NOT APPLICABLE
TRUCK PARKING PROVIDED: 172 STALLS
SEE ENLARGEMENT ON SHEET 2 FOR
LAYOUT OF TRUCK TERMINAL PARKING
(THIS PROJECT)
LINE TABLE
OWNER
11328 BUCKEYE ROAD LLC
11328 BUCKEYE ROAD,
TOLLESON, AZ
ATTN: CURTIS LAVERDIERE
CELL: (951) 609-4711
OWNER'S REPRESENTATIVE
TIFFANY & BOSCO P.A.
2525 EAST CAMELBACK ROAD, 7TH FLOOR
PHOENIX, AZ 85016
ATTN: SHAINE ALLERMAN,
OFFICE: (602) 255-6000
ENGINEER
FRANK CIVIL CONSULTING
7254 EAST SOUTHER AVE., STE 107
MESA, AZ 85209
ATTN: TOM BECK, P.E.
OFFICE: (480) 654-4533
CELL: (480)242-2507
LEGAL DESCRIPTION OF
PARENT PARCEL
LEGAL DESCRIPTION, CONT'D
LEGEND
PARENT PARCEL PLAN
1" = 100'
1 OF 2
REZONE APPLICATION NO.: Z2023112
1/23/2024
1546
1-
2024
23-
Z2023112
RCVD
1/24/24
1 OF 1
FRANK
CIVIL
CONSULTING
480.654.4533
P.O. BOX 22128
MESA, AZ 85277
DATE ISSUED:
DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT NO.
SHEET NO.
REVISIONS:
SCALE:
66,945.79 sf
7,338.09 sf
38,430.7 sf
SITE PLAN FOR
TRUCK TERMINAL PARKING
11328 W. BUCKEYE ROAD
AVONDALE, AZ
Existing Entrance
Existing Chain
Link Fence
Existing Chain
Link Fence
Existing Chain
Link Fence
Existing Chain
Link Fence
FRANK
CIVIL
CONSULTING
480.654.4533
7254 EAST SOUTHERN AVENUE
MESA, AZ 85209
75' STALL
80' AISLE
75' STALL
87 PARKING STALLS @ 14' PER STALL = 1,218'
85 PARKING STALLS @ 14' PER STALL = 1,190'
T. BECK
T. BECK
AS NOTED
70'
50' TURNING
RADIUS
ΟΗΕ
ΟΗΕ
ΟΗΕ
ΟΗΕ
ΟΗΕ
ΟΗΕ
SITE PLAN FOR TRUCK TERMINAL PARKING
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 1 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA
ENLARGEMENT OF TRUCK PARKING FACILITY
1" = 50'
36' EASEMENT FOR OVERHEAD ELECTRICAL LINES
30' EASMENT FOR CANAL
DRIVING & PARKING
SURFACE TO BE AC
MILLINGS
DRIVING & PARKING
SURFACE TO BE AC
MILLINGS
50
100
50'
SITE INFORMATION
ADDRESS: 11328 W. BUCKEYE ROAD, AVONDALE, AZ
APN: 101-01-008B
TRUCK PARKING AREA (EAST OF GATE): 321,400 SF (7.38 AC)
PARKING STALLS REQUIRED: NOT APPLICABLE
PARKING STALLS PROVIDED: 172 STALLS
2 OF 2
TOPOGRAPHIC SURVEY FOR
TRUCK PARKING
TOPOGRAPHIC SURVEY WAS PERFORMED BY
BAUER LAND SURVEYING LLC ON MAY 25, 2023.
PHONE: (602) 499-4104
JOB NO. 1694
992
993
993
993
1/23/2024
992
993
8' WIDE BERM ALONG PROPERTY LINE TO
LIMITS SHOWN. TOP OF BERM = 991.50.
(NOTE: IN LIEU OF A BERM, A FULLY-GROUTED
CMU BLOCK WALL OR CONCRETE WALL IS AN
ALLOWABLE OPTION)
Retention Area #3:
Bott Elev = 989.0
100-Yr HWSE = 989.70
Vol Required = 3,611 cf
Vol Provided = 3,611 cf
Retention Area #2:
Bottom Elev =990.5
100-Yr HWSE = 991.5
Vol Required = 19,959 cf
Vol Provided = 19,959 cf
Retention Area #1:
Bott Elev = 992
100-Yr HWSE = 992.8
Vol Required = 32,367 cf
Vol Provided = 32,367 cf
1-
2024
23-
8' WIDE BERM ALONG PROPERTY LINE TO
LIMITS SHOWN. TOP OF BERM = 991.50.
(NOTE: IN LIEU OF A BERM, A FULLY-GROUTED
CMU BLOCK WALL OR CONCRETE WALL IS AN
ALLOWABLE OPTION)
DRAINAGE STATMENT:
A RUNOFF COEFFICIENT OF 0.95 WAS USED TO DETERMINE THE REQUIRED
RETENTION VOLUMES FOR THE BASINS.
RETENTION BASINS HAVE BEEN SIZED TO RETAIN STORMWATER FROM A
100-YEAR STORM EVENT OF 2.2 INCHES PER MARICOPA COUNTY DRAINAGE
DESIGN MANUAL. MAXIMUM DEPTH OF RETAINED STORMWATER IN BASINS
IS ONE FOOT (1'). "PROVIDED" RETENTION VOLUMES ARE EQUAL TO OR
GREATER THAN "REQUIRED" VOLUMES.
RETENTION BASINS WILL FUNCTION AS DESIGNED TO DRAIN WITHIN 36
HOURS PER MARICOPA COUNTY REQUIREMENTS. IF THE BOTTOMS OF THE
RETENTION BASINS ARE ASPHALT OR ANY OTHER IMPERVIOUS MATERIAL,
DRYWELLS WILL BE REQUIRED. NOTE: DRYWELLS ARE ACCEPTABLE AT A
DISPOSAL RATE OF 0.1 CUBIC FEET PER SECOND (CFS) PER DRYWELL.
8' WIDE BERMS SHALL BE EMPLOYED TO RETAIN STORMWATER. MAXIMUM
SLOPE OF BERMS SHALL BE 4 HORIZONTAL TO 1 VERTICAL (4:1). AS AN
ALTERNATIVE TO BERMS, CONCRETE OR FULLY-GROUTED CONCRETE
MASONRY BLOCK WALLS CAN BE EMPLOYED TO RETAIN STORMWATER (SEE
DETAILS IN GRADING & DRAINAGE PLAN SET).
HIGH POINT
HIGH POINT
LEGEND/ABBREVIATIONS
100-YR HWSE
100-YEAR HIGH WATER SURFACE ELELVATION
BOTT
BOTTOM
ELEV
ELEVATION
SF
SQUARE FEET
DRAINAGE AREA BOUNDARY
LIMITS OF RETAINED STORMWATER
PROPERTY LINE
EXISTING CHAIN LINK FENCE
EXISTING CONTOUR
FINISHED CONTOUR
992
992
DIRECTION OF RUNOFF
B.S. BOTH SIDES
TYP TYPICAL
Englund Equipment Company
11328 W. Buckeye Road (APN 101-01-008B)
Rezone Request from C-3 & RU-43 to IND-2 IUPD
Case #: Z2023112
Maricopa County
Rezone Application Narrative
August 29, 2023
Property Owner:
11328 Buckeye Road, LLC
Representative:
Shaine T. Alleman, Tiffany & Bosco, P.A.
2525 E. Camelback Rd., 7th Floor, Phoenix, AZ 85016
Z2023112
RCVD 1/24/24
Englund Equipment Company
Maricopa County Rezone Narrative
1
Project Profile
Project Name
Englund Equipment Company
Property Owner
11328 Buckeye Road, LLC
Assessor Parcel Numbers
101-01-008B
Project Location
Generally at the northeast corner of S. Avondale
Boulevard and W. Buckeye Road
Project Area
12.15 acres (approximately)
Current Zoning
C-3 and RU-43
Proposed Zoning
IND-2 IUPD
Development Team
Property Developer
Englund Equipment Company
Curtis Laverdiere, Vice President of Operations
P.O. Box 250
Cashion, Arizona 85329
Legal Counsel
Tiffany & Bosco, P.A.
Shaine T. Alleman
Seventh Floor, Camelback Esplanade II
2525 East Camelback Road
Phoenix, Arizona 85016
Engineering
Frank Civil Consulting
Tom Beck, P.E.
7254 E. Southern Avenue, Suite 107
Mesa, Arizona 85209
Englund Equipment Company
Maricopa County Rezone Narrative
2
Purpose of Request
The purpose of this request is to rezone approximately 12.15 acres (approximately)
generally located at the northeast corner of S. Avondale Boulevard and W. Buckeye Road,
Avondale, Arizona and identified with Maricopa County Assessor Parcel Number 101-01-
008B (the “Property”). The Property is currently owned by 11328 Buckeye Road, LLC. The
Property is located within unincorporated Maricopa County and to the north, south, and
west is the City of Avondale. The Site is currently surrounded by other industrial uses and
residential density, including the proposed development of Salt Works USA to the east,
which has operated for years as an industrial use. (See attached Exhibits A & B – Aerial
Maps illustrating the location of the Property and the surrounding area)
The Property is currently zoned a mixture of RU-43 Residential and C-3 General
Commercial. (See attached Exhibit C – Maricopa County Zoning Map)
Englund Trucking Company (“Englund”) has been operating on the Property for decades
with a variety of industrial-type uses. A legal conforming use has existed on the Property
(as described in the Property History section below) since the 1950’s and Englund intend
on continuing the operations of that legal nonconforming use.
Englund intends on continuing the tradition of operating industrial uses on the Property
with a proposed rezone to IND-2 Light Industrial with an Industrial Unit Plan of
Development (IUPD). The rezoning will allow for industrial type uses on the Property that
are consistent with the current and future uses surrounding the Property.
Various types of truck traffic have been operating on the Property for decades and the
proposed rezoning will allow the continued operations of these uses on the Property.
Englund and Property History
The Property has been operated by Englund since at least the 1950’s. Historical aerials
from 1959 show that the truck equipment company was established on the Property. The
Property’s legal non-conforming use was formally recognized by Maricopa County (the
“County”) by the Legal Non-Conforming Use letter issued under LU20130102 on January
14, 2014.
Englund is a family run business and as an established transport company, Englund
Equipment Company is now servicing not only Arizona, but the contiguous 48 states.
Englund’s has a variety of trucks and trailers to conduct its truck transport business.
Services include logistics, product tracking, warehousing, blanket wrap and lift gate
service.
Englund has built its business on trust, honesty, respect and integrity and will continue to
service its customers with these core values firmly in place.
Englund Equipment Company
Maricopa County Rezone Narrative
3
The Property has an odd configuration with the Union Pacific Railroad being directly
adjacent to the south of the Property. The Property shape limits access to the site and
creates challenges for any future typical industrial development on the Property. With the
adjacent railroad, industrial developments, and significant north landscape buffer in the
adjacent neighborhood, the Property is a prime location for a variety of light industrial
uses.
Location and Accessibility
The primary access point to the Property will be from the west, which has been an
established driveway access to the Property for years. Further design details of this access
will be determined during the Plan of Development process.
With the adjacency of both Avondale Boulevard and Buckeye Road, which are major
thoroughfares in the area, the Property has adequate accessibility for its transportation
needs.
Proposed IND-2 IUPD Project
The request to rezone the Property to the IND-2 IUPD zoning district with an IUPD overlay
will enable Englund to continue to operate its trucking-related land uses on the Property.
The Conceptual Site Plan provided with this Application demonstrates layout of proposed
uses on the Property as part of the rezone to IND-2 IUPD.
The Property use is generally depicted on the Conceptual Site Plan provided with this
Application. The existing office, warehouse, cell tower and related parking will remain on
the Property as it has since the 1950’s. The eastern portion of the Property will be utilized
for the truck stop parking on the Property. There is an existing area on the western portion
for food trucks and bathrooms are available for the overall Property uses.
Access to the Property will remain on Avondale Boulevard as it has for many years. Those
utilizing the truck-related parking on the eastern portion of the Property will access it with
the existing drive aisles on the Property. Trucks on the Property intend to be stored
overnight on the Property. The use will comply with other development regulations, as
amended with the propose IUPD overlay. The Property will be maintained for dust, trash
and weed control on a regular basis.
To alleviate dust and sound concerns that could be created by vehicles coming to and
from the Property, any of the locations where vehicles will be driving or parking on the
Property will be covered with compacted asphalt millings.
Proposed IND-2 IUPD Development Standards
The table below further outlines the proposed deviations (in bold) from the IND-2
Development Standards found in the Maricopa County Zoning Ordinance (“MCZO”). All
Englund Equipment Company
Maricopa County Rezone Narrative
4
other development standards not addressed herein shall be applicable to any future
development on the Property.
Industrial Unit Plan of Development Standards Summary
Yard Regulation
Base Zoning District
Regulation (IND-2)
Proposed Zoning District
Regulation (IND-2 IUPD)
Height (Maximum)
40’
40’
Front Yard Setback
(West Property
Boundary)
15’
15’
Side Yard Setback
(South Property
Boundary)
0’
0’
Side Yard Setback
(North Property
Boundary)
5’
(Adjacent to RU-43)
0’
Rear Yard Setback
(East Property
Boundary)
0’
0’
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Minimum Lot Width
60’
60’
Maximum Lot Coverage
60%
60%
Parking Spaces
Per Ch. 11, Sect. 1102 of
the MCZO
Per Ch. 11, Sect. 1102 of the
MCZO
Perimeter Screening
(North Boundary
adjacent to Residential
Zone)
6’ (height) solid wall
(Adjacent to RU-43)
(See MCZO Sect.
902.9.3.a. and b.)
6’ (height) chain link fence
with screening material
(existing)
Perimeter Screening
(East, South, and West
adjacent to industrial
uses and street)
6’ (height) building walls,
walls or fences of
any view-obscuring
material.
(See MCZO Sect.
902.9.3.c)
6’ (height) unscreened chain
link fence
(existing)
To alleviate any dust and sound concerns that could be created by vehicles coming to and
from the Property, the Property shall be allowed to utilize compacted asphalt millings to
cover those surfaces where vehicles will be driving or parking on the Property.
Englund Equipment Company
Maricopa County Rezone Narrative
5
Proposed Property Yard Setback Standards
Article 902.9 of the MCZO provides certain yard setback standards for properties when
they are adjacent to residentially zoned properties. This would normally require the Side
Yard Setback on the north Property boundary to have a 5’ setback.
The intent of MCZO industrial yard setbacks from residentially zoned properties is to
buffer and protect residential uses when adjacent to the IND-2 use. However, where there
are portions of residential uses north of the Property, there has been an existing 125’
landscape open space along the entire north boundary that creates a significant buffer.
Additionally, the uses on the Property have been used in a heavy commercial/industrial
manner for years on the Property. We don’t anticipate any potential issues with reducing
the north Property boundary setback to 0’. As such, an IUPD is being requested to permit
a deviation from the MCZO standards for IND-2 yard setbacks as shown in the “Industrial
Unit Plan of Development Standards Summary” table above.
Proposed Property Screening Standards
Due to industrial nature of the existing and proposed Property development, the
industrial uses to the east, the commercial uses to the north (on the west portion of the
Property, and the significant open space buffer of 125’ to the north of the Property, it is
unnecessary to construct a 6-foot tall solid wall along the entire north boundary of the
Property. An IUPD is being requested to deviate from the required wall standard of MCZO
Article 902.9.3.c to allow the construction of a chain link fence on the north Property
boundary, which will include view obscuring material as part of the chain link fence. The
east, south, and west boundary will maintain the existing chain link fences without any
view-obscuring material.
The intent of MCZO screening standards is to screen industrial uses from residential uses.
The proposed chain link fence with view obscuring material on the north boundary will
meet that intent and will screen any developed uses on the Property.
Since the east, south, west, Property boundaries are adjacent to existing industrial uses, a
railroad, and a street screening should not be necessary for these areas. Additionally, the
existing fences industrial yard setbacks from residentially zoned properties is to buffer
and protect residential uses when adjacent to the IND-2 use. However, where there are
portions of residential uses north of the Property, there has been an existing 125’
landscape open space along the entire north boundary that creates a significant buffer.
Additionally, the Property uses have been conducted in a heavy commercial/industrial
manner for years. We don’t anticipate any potential issues with modifying this standard.
As such, an IUPD is being requested to permit a deviation from the MCZO standards for
IND-2 screening standards as shown in the “Industrial Unit Plan of Development
Standards Summary” table above.
Englund Equipment Company
Maricopa County Rezone Narrative
6
Proposed IND-2 IUPD Use Standards
The following are a list of permitted uses and non‐permitted uses for the proposed
rezone to I‐2 Light Industrial with an IUPD Industrial Plan of Development on the
property according to Maricopa County Zoning Ordinance.
The table below is a list of permitted and not permitted uses for this I-2 IUPD Rezone
Application, which is based on those uses outlined in the MCZO.
Use
Permitted
Not
Permitted
Accessory buildings and uses
customarily incidental to an allowed
above uses
X
Adult Oriented Facilities
X
Any use permitted in the C-1 Zoning
District in the MCZO
X
Any use permitted in the C-3 Zoning
district in the MCZO
X
Any use permitted in the IND-1 Zoning
district, except as modified/Not Permitted
by this Table
X
Art, metal and ornamental shops
X
Automobile repair shops and garages,
including outside vehicle display and
storage
X
Automobile and golf cart sales, new and
used, service and rental
X
Bakeries, wholesale
X
Bars, including retail sales of packaged
goods for off-site consumption
X
Billboards
X
Bottling plants and breweries
X
Boat sales, service and rental,
including outdoor displays
X
Englund Equipment Company
Maricopa County Rezone Narrative
7
Bowling alleys
X
Bus depots
X
Cabinet and carpenter shops
X
Circus and carnival grounds having
permanent facilities
X
Cleaning plants, including carpets
and dyeing
X
Commercial storage of mobile
homes, manufactured homes, travel
trailers, recreation vehicles, boats
and aircraft
X
Construction equipment, including
sales, service, rental and storage
X
Dairy products, processing of
X
Dance halls and nightclubs,
including outdoor amplified music,
except adult-oriented facilities as
defined under Chapter 2 of this
ordinance may not have outdoor
music or entertainment
X
Drive-in or Drive-thru restaurants
and refreshment stands
X
Drive-in or outdoor theaters
X
Electrical fixtures and appliance
sales, repair and service
X
Equipment rentals and sales,
including equipment customarily
used for heavy construction
X
Feed Stores
X
Englund Equipment Company
Maricopa County Rezone Narrative
8
Frozen food lockers, including
processing but not slaughtering of
animals
X
Funeral homes, mortuaries and
chapels
X
Furniture Stores including new,
used, finished or unfinished
X
Hotels, motels, resorts
X
Laboratories, medical or dental
X
Laboratory uses similar to those
uses enumerated herein which do
not create any danger to the public
health, safety and general welfare
in surrounding areas and which do
not create any offensive noise,
vibration, smoke, dust, odor, heat
or glare
X
Landscape material sales provided
all incidental equipment and
supplies, including fertilizer and
empty cans, are kept within a
completely enclosed building or
within an area enclosed on all sides
by a solid fence or wall at least six
feet in height, and no goods,
materials or objects are stacked
higher than the fence or wall so
erected
X
Liquor Stores
X
Lumber yards not including
industrial milling or planning
operations
X
Englund Equipment Company
Maricopa County Rezone Narrative
9
Manufacturing and assembling
uses similar to those uses
enumerated in the MCZO which do
not create any danger to the public
health, safety and general welfare
in surrounding areas and which do
not create any offensive noise,
vibration, smoke, dust, odor, heat
l
X
Medical clinics and surgical
hospitals for farm animals (horse,
cattle, and other farm animals)
X
Medical Marijuana Dispensary
Facilities and/or Marijuana
Establishment
X
Miniature golf courses and driving
ranges
X
Mobile home, travel trailer and
recreation vehicle sales and service
X
Nurseries, flower and plan sales,
provided all incidental equipment
and supplies including fertilizer and
empty cans is stored indoors
X
Offices
X
Office uses similar to those uses
enumerated herein which do not
create any danger to the public
health, safety and general welfare
in surrounding areas and which do
not create any offensive noise,
vibration, smoke, dust, odor, heat
or glare
X
Packing houses, fruit for vegetable
not including processing
X
Parking lots and public garages,
vehicle storage
X
Englund Equipment Company
Maricopa County Rezone Narrative
10
Permanent facilities for rodeos,
auctions, swap meets,
campgrounds, and sites rented for
private parties
X
Pet boarding of cats and dogs and
other small animals
X
Printing, lithography and publishing
establishments
X
Recreation centers with pool halls
or billiards
X
Rental services, household, lawn,
garden, sickroom or office
equipment
X
Retail stores and services,
household, lawn, garden, sickroom
or office equipment
X
Restaurants and cafes, including
patios, cocktail lounges and outside
dining and drinking areas
X
Self-Storage Facility
X
Stone monument sales
X
Temporary construction
administration offices/yard complex
– which may include a security
office
X
Theaters, not drive-in or adult-
oriented
X
Tinsmith shops
X
Trade schools
X
Englund Equipment Company
Maricopa County Rezone Narrative
11
Truck stops, with customary
accessory facilities including but
not limited to restaurant,
convenience retail, motel, truck
wash, and minor repair facilities but
not including major repair, freight
storage, freight handling,
warehousing or distribution
facilities
X
Truck Terminal, including service,
storage, and related use
X
Warehousing, storage and
wholesale distribution facilities
X
Wholesaling and wholesale stores
X
Zoos, including the keeping of wild
or exotic animals on a private or
commercial basis
X
Any other office, laboratory,
manufacturing and assembly uses
similar to those uses enumerated
herein which do not create any
danger to the public health, safety
and general welfare in surrounding
areas and which do not create any
offensive noise, vibration, smoke,
dust, odor, heat or glare, and which
by reason of high value in relation
to size and weight of merchandise
received and shipped create very
little truck traffic.
X
Englund Equipment Company
Maricopa County Rezone Narrative
12
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 or striate of
electricity, only grid-connected or
off-grid systems are permitted.
X
The IUPD Request Meets MCZO Requirements
The MCZO states “the purpose of the Industrial Unit Plan of Development is to allow
variations in development standards in industrial projects that require special design
techniques or flexibility due to topography, innovative project design, or other
considerations.” No additional deviations are necessary and all other zoning regulations
not described herein will comply with the provisions of the MCZO.
Community Facilities and Services
Utility service to the site is anticipated to be provided by the City of Avondale water and
sewer. Adequate utility service main for water and sewer are located adjacent to the
Property. We anticipate that these water and sewer lines have sufficient capacity to service
the proposed development.
The infrastructure requirements will be determined at the time of the Plan of Development
Plan when the final land use and design of the property in question have been identified
and proposed water demands and wastewater generation and infrastructure locations
have been clearly established. The improvements will be designed and constructed in
accordance with the applicable requirements. There are no known current issues with
water or sewer capacity available to serve the Property.
Public Utilities and Services
The following table outlines the various public utilities and services for the Property.
UTILITY COMMENT TABLE
Cable/Internet
Cox Communications
(623) 594-7298
Century Link
(877) 720-3428
Englund Equipment Company
Maricopa County Rezone Narrative
13
Electricity
Salt River Project (SRP)
(602) 236-8833
Telephone
Cox Communications
(623) 594-7298
Century Link
(877) 348-9001
Water and Sewer
City of Avondale
Police
Maricopa County Sheriff
(602) 876-1602
Fire Protection
Rural/Metro Fire
(800) 645-9413
Drainage
A Preliminary Drainage Report and Plan has been submitted with this Rezone Application
for review.
Public Outreach and Response to Citizen Input
The Applicant will conduct the required public outreach efforts as part of the rezoning
application. These efforts will include outreach letters to property owners within 300’ of
the Property. This process is specifically addressed in detail within the separate Citizen
Participation Plan document submitted with this rezoning application.
Conclusion
The proposed rezoning will allow the Property to develop in a manner that is consistent
with the proposed uses and land use designations of the area. We respectfully request
the rezoning of the Property to an IND-2 IUPD zoning designation to allow for the
proposed uses and development. We look forward to working with County staff on this
proposed development.
EXHIBIT A - Regional Context Aerial Map
Englund Equipment Company
APN: 101-01-008B
Acres: 12.15
SUBJECT PROPERTY
EXHIBIT B – Context Aerial Map
Englund Equipment Company
Truck Parking
Area
Cell
Tower
Warehouse / Mechanic
(Existing)
Office
Food
Truck
APN: 101-01-008B
Acres: 12.15
EXHIBIT C - Maricopa County Zoning Map
Englund Equipment Company
SUBJECT PROPERTY
APN: 101-01-008B
Acres: 12.15
PAD
(Avondale)
I-2
(Tolleson)
Proposed I-2
(Maricopa County)
I-2 (Maricopa County)
I-2
(Tolleson)
C-3
(Phoenix)
R1-8
(Phoenix)
PAD
(Avondale)
R1-6
(Avondale)
R1-6
(Avondale)
PAD
(Avondale)
PAD
(Avondale)
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Su b di vi s i on @ma ri c op a . gov
e s d. ma ri c op a . gov
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Englund Equipment Company planning case(s). Please note the following MCESD
requirements for site development:
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic)
system is required for any construction. Application must be submitted to the MCESD
Onsite Wastewater Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
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 Z2023112, however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
Project Name: Englund Equipment Company Primary Contact Name: Shaine Alleman
Planning Application Type: Zone Change
with Overlay
APN(s): 101-01-008B
Reviewer: Ryan Hall, P.E.
Email: Ryan.Hall@maricopa.gov
Phone: 602-918-1241
Planner Name: Daniel Johnson
Planning Case #: Z2023112
Date: October 4, 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.
James Philbin, P.E.
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-4362
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
James.Philbin@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
February 12, 2024
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Daniel Johnson, Planner, Planning & Development Services
cc:
Bob Fedorka, PE, Engineering Supervisor, Planning & Development
From:
James Philbin, PE, Plans Examiner Engineer, Planning & Development
Subject:
Z2023112 – Lonesome Dove Convenience Store
APN(s):
101-01-008B
Engineering Review has reviewed the first plan and report routed for review on
01/25/2024, for the subject application and has no further objections:
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
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.
Please contact me with any questions.
Page 2 of 3
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
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
Page 3 of 3
Abbreviations Key:
Drainage:
DD =
Department Directive (See: http://www.maricopa.gov/1911/Department-
Directives)
MCZO =
Maricopa County Zoning Ordinance
DPSM = Maricopa County Drainage Policies and Standards
SSA =
State Standard Attachment
DDMV1= Maricopa County Drainage Design Manual – Hydrology
DDMV2 = Maricopa County Drainage Design Manual – Hydraulics
Flood Control:
FRMC =
Floodplain Regulations for Maricopa County
PND Transportation:
RDM =
MCDOT Roadway Design Manual
RDG =
MCDOT Residential Design Guidelines
MSRP = MCDOT Major Streets and Routes Plan
PND Storm Water:
SWMDCR=
Maricopa County Storm Water Quality Management and Discharge
Control Regulation
DDMV3= Maricopa County Drainage Design Manual – Erosion Control
APCR=
Maricopa County Air Pollution Control Regulations – Rule 310
1
Daniel Johnson (PND)
From:
Doug McClure <doug.mcclure1@outlook.com>
Sent:
Saturday, February 24, 2024 8:27 AM
To:
Daniel Johnson (PND)
Subject:
Case #Z2023112
Follow Up Flag:
Follow up
Due By:
Tuesday, February 27, 2024 8:30 AM
Flag Status:
Flagged
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Please use caution when you receive messages from new senders.
Always validate the sender first.
Douglas McCluure
11155 W Tonto St
Avondale Arizona 85323
doug.mcclure1@outlook.com
480 262 1832
Subject: Opposition to Rezoning Application for case # Z2023112
Dear Daniel Johnson,
I am writing to express my strong opposition to the rezoning application submitted by Englund
Equipment Company for the property located at NEC of Buckeye rd and Avondale. As a concerned
property owner residing in close proximity to the proposed rezoning site, I am deeply troubled by the
potential impact this change could have on the well-being of the neighborhood and its residents.
Since the establishment of the truck stop adjacent to my property, I have experienced significant
disturbances that have negatively affected my quality of life. The incessant running of trucks
throughout the day and night has led to sleepless nights, causing undue stress and discomfort.
Despite my attempts to address these concerns with Englund Equipment Company , I have been met
with dismissive and hostile responses. If given a zoning change, they will go back to this bad
behavior.
Furthermore, Englund has demonstrated a lack of responsibility in maintaining the property.
Instances of discarded truck tires and other debris have been an eyesore and a hazard to the
environment. While the city intervened initially, subsequent violations have gone unaddressed,
requiring personal intervention with Englunds legal representation to ensure compliance with city
regulations.
The proposed heavy industrial rezoning raises serious concerns about the potential escalation of
these issues. Such a change could exacerbate noise levels, increase traffic, and further degrade the
2
aesthetics of the neighborhood. Additionally, heavy industrial activities may pose environmental risks
that could compromise the well-being of nearby residents. They have made no effort to mae the
property compliant with zoning. They only paid a minumum on the fine so they could continue
breaking the ordinance
I urge the Zoning Department to consider the negative impact this rezoning could have on the
community and to prioritize the concerns of residents who will be directly affected. I kindly request
that the rezoning application for Englund be denied to protect the integrity and livability of our
neighborhood.
Thank you for your attention to this matter. I trust that the Zoning Department will carefully consider
the interests and well-being of the community in making its decision.
Sincerely
Douglas McCluure