03. Z250005 Modular PZ Report

Z250005
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z250005 – Modular Solutions 
Hearing Date:
April 24, 2025
Supervisor District:
5
Applicant:
Guadalupe Alvarado, Modular Solutions, Ltd. 
Owner:
MS IV Holdings LLC 
  
Request:
Zone Change from Rural-43 to IND-2 
 
Site Location:
Generally located approx. 289 feet north of the NEC of 43rd Ave & Sunland 
Ave in the Phoenix area
 
Site Size:
Approx. 3.9 acres
Density:
N/A
County Island: 
Yes (City of Phoenix)
County Plan:
Maricopa County Vision 2030 Comprehensive Plan - 
Rural Development Area (0-1 du/ac)
Municipal Plan:
City of Phoenix – Residential 3.5 to 5 dwelling units per acre
Municipal Comments:
Proposed request is not consistent with Phoenix General Plan Land Use 
and the City’s Laveen Southwest Growth Study designation. Proposed uses 
would require a minimum of A-1 (Light Industrial) zoning subject to 
regulations found in 627.F of the City of Phoenix Zoning Ordinance. If 
approved City recommends a number of conditions.
Support/Opposition:
2 memos of support / no opposition known
Recommendation:
Approve with conditions

Z250005
Page 2 of 9
Project Summary:
1.
The applicant is requesting a zone change from Rural-43 to IND-2 to allow for the development 
of an industrial complex to include office operations, welding, light modular soft-set and industrial 
storage for Modular Solutions, LTD., a full-service design build company with nation-wide 
contracts. The subject property is generally located approx. 289 feet north of the NEC of 43rd Ave 
& Sunland Ave in the Phoenix area. The site is designated as Rural Development Area. The area 
of the site is approximately 3.9 acres. Primary site access is an established driveway from 43rd 
Ave., a MCDOT maintained roadway. The applicant will be required to file for a Plan of 
Development with site plan details after determination of the zoning case. 
2.
Current conditions indicate an ongoing outdoor storage yard operation, which was previously 
approved under a Special Use Permit (SUP) for interim outdoor industrial storage under case 
Z2011005. The SUP expired on May 9, 2022. There is no record of any status report related to the 
SUP as approved by the Board of Supervisors. There is no history of violations on the property. 
The proposed IND-2 zoning district will enable Modular Solutions to expand their current 
operation from the leased parcel to the south under separate ownership. Expansion to the subject 
site is not possible due to the site’s existing Rural-43 zoning designation. The leased site to the 
south is similarly zoned IND-2. The conceptual zoning exhibit provided with this application 
demonstrates the layout of the proposed uses. This application was filed on February 28, 2025, 
and the Technical Advisory Committee was held on March 18, 2025. 
3.
For informational purposes only (not regulated by the zoning ordinance) the business operating 
hours will be 5am through 5pm, Monday through Saturday with 20 employees. Contemplated 
uses include storage of industrial materials, welding and modular soft set for all trades and minor 
equipment maintenance. The provided narrative specifically calls out that the site would not be 
feasible, nor would meet proximity requirements for, off-site advertising signs.
2025 Aerial-photo

Z250005
Page 3 of 9
Zoning District map
Zoning Exhibit provided with conceptual layout
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Interim Industrial Outdoor Storage
North:
IND-2 / Semi-Truck Terminal 
South:
IND-2 & Rural-43 / Modular Construction Operation (Modular Solutions)
East:
IND-2 / Vehicle storage
West:
43rd Ave then Rural-43 & IND-2 / Outdoor Storage (IND) & Rural Residential
Utilities and Services:
5.
Water:
City of Phoenix
Wastewater:
On-site septic
Fire:
City of Phoenix
Police: 
MCSO

Z250005
Page 4 of 9
Right-of-Way:
6.
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
43rd Ave
55’
55’
Minor arterial
Adopted Plans:
7.
County Vision 2030 (adopted January 2016): Unincorporated areas outside of county area plans 
are designated Rural Development Area and are only appropriate for rural land uses and rural 
zoning, however, urban services and infrastructure are readily available, and the site may be 
considered part of the urban growth area as the site falls into the City of Phoenix planning area.
8.
City of Phoenix General Plan (adopted April 3, 2024): The site is located within the City of Phoenix 
planning area and designates the site as Residential 3.5 to 5 dwelling units an acre. The proposed 
request would not be consistent with the General Plan Land Use designation.
9.
City of Phoenix Laveen Southwest Growth Study (adopted 1998): The site is located within the 
City of Phoenix Laveen Southwest Growth Study and designates the site as 2 to 5 dwelling units 
per acre. The growth study does not consider existing industrial zones within County jurisdiction. 
The proposed request would not be consistent with the Laveen Southwest Growth Study.
10.
City of Phoenix RIO PHX initiative (in progress): The site is located within the study area of RIO 
PHX, an initiative to transform the banks of the Salt River and surrounding area into a local and 
tourist destination. However, the site is approximately 2,320.7' from the southeast corner of 
Broadway Rd. & 43rd Ave., which would be the nearest accessible route closest to the bank of the 
Salt River. There is no pedestrian or bicycle infrastructure along 43rd Ave. and there is no 
pedestrian crosswalk at the intersection of 43rd Ave. providing access to the north side of 
Broadway Rd. to the south bank of the Salt River. The City requested a multi-use trail easement 
dedication of 30’ from the property owner’s frontage along 43rd Ave for the establishment of non-
motorized infrastructure for this initiative.
Public Participation Summary:
11.
The applicant met all minimum public notification requirements and received no comment from 
the public outreach efforts.
Outstanding Concerns from Reviewing Agencies:
12.
City of Phoenix provided a memo to staff on April 8th dated April 4th that if approved, request the 
following conditions be considered:
•
The site shall maintain a minimum 30-foot-wide building and landscape setback along 43rd 
Avenue. 
•
Within the required landscape setbacks and landscaped right-of-way, minimum 2-inch caliper, 
drought-tolerant, single-trunk, shade trees shall be planted 20 feet on center or in equivalent 
groupings, with five 5-gallon drought-tolerant shrubs per tree, and appropriate ground cover.
•
A minimum of two green stormwater infrastructure (GSI) elements for stormwater 
management shall be implemented, as approved or modified by the Planning and

Z250005
Page 5 of 9
Development and/or Street Transportation departments. This includes but is not limited to 
stormwater harvesting basins, bioswales, permeable pavement, etc., per the Greater Phoenix 
Metro Green Infrastructure and Low Impact Development Details for Alternative Stormwater 
Management.
•
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east side of 43rd 
Avenue and a minimum 10-foot-wide multi-use trail (MUT) shall be constructed within the 
easement, in accordance with the MAG supplemental detail and as approved or modified by 
the Planning and Development Department.
•
Any open use or storage area, where permitted, shall be enclosed by a six-foot-high solid 
masonry wall.
•
Fencing and walls oriented towards a public street or trail shall have a finished appearance 
and contain decorative elements.
•
Any lighting shall be placed to reflect the light away from existing adjacent residential uses to 
the south.
•
No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor 
or vibration emitted by uses outside the site. Such comparison shall be made at the boundary 
of the site.
On April 15th, the applicant provided a memo to staff agreeing to the recommended conditions of 
approval by the City of Phoenix. 
Staff Analysis:
13.
Staff is supportive of the request due to the site’s existing access to city provided water service, 
proximity to major transportation routes, and matches existing County industrial zoning to the 
north, west, southwest and east. Properties to the south are zoned Rural-43 and appear residential 
with an outdoor vehicle storage component. The area zoned Rural-43 to the west of 43rd Ave 
appears to be residential with an equine oriented use. The uses proposed in this application would 
not create a danger to the public health, safety and general welfare in surrounding areas, do not 
create any offensive noise, vibration, smoke, dust, odor, heat or glare, and creates minimal truck 
traffic with exclusive access to 43rd Ave. Additionally, the property does not meet proximity 
requirements for an off-site advertising sign as the property is adjacent to a Rural-43 zone. The 
requested IND-2 zoning designation will enable the property to be developed in alignment with 
the area’s apparent industrial growth while enhancing the long-term operational capabilities of 
Modular Solutions, Ltd. The following provisions within the County’s IND-2 zoning will address 
some of the conditions recommended by the City of Phoenix. County’s IND-2 requires a setback 
of 20 feet from a major arterial road, 10 feet less than the 30 feet requested by the City of Phoenix. 
County IND-2 does not require landscaped yards or setbacks as requested by the City of Phoenix. 
Drainage infrastructure will be addressed at the time of Plan of Development submittal, the City 
of Phoenix requests a minimum of two green stormwater infrastructure elements for stormwater 
management approved by their Planning and Development or Street Transportation departments 
per the Greater Phoenix Metro Green Infrastructure and Low Impact Development Details for 
Alternative Stormwater Management. County IND-2 zoning requires perimeter site screening for 
any outdoor storage in any portion of a site not adjacent to a rural or residential zone boundary 
up to 6’, as requested by the City of Phoenix. Site screening, up to 6’ in height, is also required 
adjacent any rural or residential zoning boundary, however, decorative elements are not required 
from any right of way as requested by the City. Outdoor lighting is regulated by MCZO section 
1112 with provisions deterring light trespass onto adjacent parcels as requested by the City and 
County IND-2 requires all uses maintain a manner that would not cause detriment to the public 
health, safety or general welfare as requested by the City. The City is requesting a 30-foot-wide 
multi-use trail easement dedication within the property owner’s property.

Z250005
Page 6 of 9
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve subject to the following conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit 
entitled “North Yard Zoning“, consisting of 1 full-size sheet, dated 2/26/25, and stamped 
received 2/28/25, 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 “Modular Solutions, LTD”, consisting of 6 pages, dated 2/26/25, and stamped 
received 2/28/25, 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.
43rd Avenue is a MCDOT maintained roadway classified as an arterial roadway. 
The existing 55 foot R/W appears adequate pending the Traffic Study preparation 
and review.  
3.
A Traffic Study/Statement must be submitted with future entitlement (POD) 
application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4) 
https://www.maricopa.gov/DocumentCenter/View/303   
4.
Off-site roadway improvements, including additional R/W dedication(s) may be 
required pending the MCDOT approved Traffic Impact Study/Statement.
5.
Gated access(es) must provide an adequate turnaround area so that vehicles will 
not back onto public roads.
6.
The above comments do not include identification of utilities or underground 
facilities within or adjacent to the required right-of-way that may have prior rights 
and/or require relocation.
7.
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.

Z250005
Page 7 of 9
d.
The following Maricopa County Environmental Services Department (MCESD) conditions 
shall apply: 
1.
A Minor Plan Review application must be submitted for any existing septic 
system(s) if being utilized and if the applicant believes the existing system(s) are 
adequate in size to support the new use; otherwise, a new septic permit/install 
may be required.
2.
A Notice of Intent to Discharge application for a septic system is required for any 
construction. Application must be submitted to the MCESD Onsite Wastewater 
Program.
3.
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
4.
If conducting food service in unincorporated Maricopa, a grease trap will be 
required by Onsite Wastewater program.
5.
Setback requirements must be maintained per Arizona Administrative Code, Title 
18, Chapter 9, Article 312, C (Features Requiring Setbacks).
6.
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General 
Permit and may require nitrogen treatment.
7.
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.
8.
A Water Service Agreement signed 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 
Form issued by the Utility is required to MCESD’s Subdivision & Infrastructure 
Program if the site/development wastewater service is being provided by a Utility.
e.
The following City of Phoenix conditions shall apply:
1.
The site shall maintain a minimum 30-foot-wide building and landscape setback 
along 43rd Avenue. 
2.
Within the required landscape setbacks and landscaped right-of-way, minimum 
2inch caliper, drought-tolerant, single-trunk, shade trees shall be planted 20 feet 
on center or in equivalent groupings, with five 5-gallon drought-tolerant shrubs per 
tree, and appropriate ground cover.
3.
A minimum of two green stormwater infrastructure (GSI) elements for stormwater 
management shall be implemented, as approved or modified by the Planning and 
Development and/or Street Transportation departments. This includes but is not 
limited to stormwater harvesting basins, bioswales, permeable pavement, etc., per 
the Greater Phoenix Metro Green Infrastructure and Low Impact Development 
Details for Alternative Stormwater Management.

Z250005
Page 8 of 9
4.
A 30-foot-wide multi-use trail easement (MUTE) shall be dedicated along the east 
side of 43rd Avenue and a minimum 10-foot-wide multi-use trail (MUT) shall be 
constructed within the easement, in accordance with the MAG supplemental detail 
and as approved or modified by the Planning and Development Department.
5.
Any open use or storage area, where permitted, shall be enclosed by a six-foot-
high solid masonry wall.
6.
Fencing and walls oriented towards a public street or trail shall have a finished 
appearance and contain decorative elements.
7.
Any lighting shall be placed to reflect the light away from existing adjacent 
residential uses to the south.
8.
No noise, odor or vibration shall be emitted so that it exceeds the general level of 
noise, odor or vibration emitted by uses outside the site. Such comparison shall be 
made at the boundary of the site.
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 Phoenix that identifies the detail for when the proposed project 
will be annexed and the provision of water and sewer service.  In lieu of pre-annexation 
service agreement the developer must provide a ‘will serve’ letter from the certificated 
water and sewer provider.
g.
Until such time as the site is served by sewer, uses on the site shall only be those 
acceptable to the Maricopa County Environmental Services Department (MCESD) that can 
be accommodated by septic systems. A public water system and public sewer system 
shall be required prior to establishment of any non-residential use that requires potable 
water.
h.
Administrative approval of a Plan of Development will be required prior to approval and 
issuance of construction permits to develop and establish use of the site. Prior to 
issuance of a building permit, written confirmation will be required from the emergency 
fire protection jurisdiction having authority that the facility has been designed in 
accordance with their regulations and requirements, and that emergency fire protection 
service will be provided to the facility. Prior to issuance of the certificate of occupancy, 
local fire protection jurisdiction review and approval will be required.
i.
Prior to precise Plan of Development approval, a licensed engineering investigation of the 
site shall be conducted and submitted identifying any land subsidence or earth fissuring 
which affect the site and the report shall include suggested mitigation.  The Final Plat shall 
have a note that the property is within an area of known land subsidence and/or earth 
fissuring.  Further, notice that the property is in area of known land subsidence and/or 
earth fissuring and a definition of both land subsidence and earth fissures shall be 
displayed on the front door in the sales office, written in the covenants, conditions and 
restrictions (CC&Rs), and written in any disclosure statements for conveyance 
documents.  However, if said report concludes negative impact regarding land subsidence 
and/or earth fissuring the required notification should include such results.

Z250005
Page 9 of 9
j.
The granting of this change in use of the property has been at the request of the applicant, 
with the consent of the landowner.  The granting of this approval allows the property to 
enjoy uses in excess of those permitted by the zoning existing on the date of application, 
subject to conditions.  In the event of the failure to comply with any condition, the property 
may be considered for revocation 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:
Rachel Applegate, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (6 pages)
Planning Engineering comments (2 pages)
MCESD comments (2 pages)
City of Phoenix comments (2 pages)
Letters of Support (2 pages)
Applicant Correspondence (1 Page)

/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 4 approx.
Generated March 25, 2025 2:27 PM
Z250005
Application Name:
Legal Description
Modular Solutions
Applicant
Case Address
1N 2E 27
Guadalupe Alvarado
5417 S 43RD AVE
Applicant Phone/Email
Parcel Primary:105-69-452
(602) 605-8224
galvarado@mod-sol.com
PHOENIX, AZ 85041
Map scale 1:1,895
Supervisor District No.
Zone Change from existing RU-43 to proposing IND-2.

E
IRRBX
E
E
E
E
E
E
WV
EXISTING PARKING
EXISTING PARKING
EXISTING
GRAVEL AREA
EXISTING GRAVEL AREA
EXISTING ASPHALT PAVING
EXISTING STORAGE
CONTAINER
EXISTING STORAGE
CONTAINER
EXISTING STORAGE CONTAINER
EXISTING
RETENTION
POND
EXISTING ASPHALT PAVING
EXISTING ASPHALT PAVING
EXISTING
PARKING
EXISTING RETENTION POND
EXISTING GRAVEL AREA
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
EXISTING IRON FENCE
EXISTING CONCRETE SLAB
S. 43RD AVE. ROAD
55'
769'-1"
222'-2"
769'-1"
EXISTING CHAIN-LINK FENCE W/ PRIVACY SLATS
SET BACK
CHASSIS  ASSEMBLY
10'
10'
SET BACK
10'
SET BACK
EXISTING
WELDING SHOP
EXISTING
WELDING SHOP
88'
40'
10'
SET BACK
EXISTING
ENTRANCE
GATE
EXISTING
POWER POLE
EXISTING
POWER POLE
EXISTING
POWER POLE
EXISTING
LIGHT POLE
EXISTING
LIGHT POLE
CENTER LINE OF '55' R.O.W.
EXISTING
LIGHT POLE
EXISTING CHAIN-LINK FENCE W/ PRIVACY SLATS
EXISTING
POWER POLE
43'
55'
EXISTING CANOPY
SOFT SET ALL TRADES
SOFT SET ALL TRADES
68'-3"
27'-10"
PROJECT:
DATE:
DRAWN:
CONTACT:
2000.01
26 February, 2025
DRW
CHK
PO BOX: 15507
PHOENIX, AZ 85060
MAIL:
5439 S. 43rd AVE.
PHOENIX, AZ 85041
PHYSICAL:
(602) 952-9741
The Complete Building Company
Modular
Solutions, Ltd.
(AZ FIRM REG. NO. 15990-0)
SHEET:
CASE #
ADDRESS:
This document is an instrument
of service only, and shall
remain the exclusive property
of Modular Solutions Ltd.   No
reproduction or other use shall
be made by any person or firm
without the express written
permission of Modular
Solutions Ltd.  Any
unauthorized use shall void the
architects seal and signature
hereon and no professional
liability will remain.
NO.
REVISION
DESCRIPTION
PROJECT:
PA2023146
NORTH YARD ZONNING
SITE SUMMARY TABLE
SECTION
1N
TOWNSHIP
27
RAGE
SUBDIVISION
LOT
ADDRESS
MCR
EXISTING ZONING USED
RU-43
2E
MARICOPA GARDENS FARMS
33
5421/ 5417 S. 43RD AVENUE
11-38
IND-2
GROSS ACREAGE
PARCEL NUMBER
105-69-452
PROPOSED ZONING
LOT SIZE
3.9
HEIGHT
10' MIN - 40' MAX
BUILDING SETBACKS
FRONT
55' RIGHT OF WAY PLUS 20' SETBACK
BACK
NORTH SIDE
SOUTH SIDE
CASE TRACKING NUMBER:     
PA2023146
25' SETBACK MIN.
10' SETBACK MIN.
10' SETBACK MIN.
170,918 SQUARE FEET
SITE LEGEND
CMU BLOCK FENCE
WIRED FENCE
EXISTING IRON ROD METAL FENCE
IRON ROD METAL FENCE
NORTH
SCALE: 1" = 30'-0"
1
EXISTING SITE PLAN
VICINITY MAP
N.T.S.
NORTH
5421/ 5417 S. 43rd AVE.
PHOENIX, AZ 85041
A1.1
EXISTING SITE PLAN
OWNER;- MS IV HOLDING, LLC.                   PROJECT MANAGER:- Guadalupe Alvarado
3640 E. Turney Ave.                                        5439 S 43rd Ave,                                            
                                                                        Phoenix, Az 85041
Phoenix, AZ 85018                                          galvarado@mod-sol.com
jhart@mod-sol.com                                         602.605.8224
602-290-8236
DEVELOPER:- MODULAR SOLUTIONS LTD,             
5439 S 43rd Ave,                                                             
Phoenix, AZ 85041
information@mod-sol.com
602-952-9741                                             
02
25
25
/
/
Expires 6/30/2026
Z250005 RCVD 2/28/25
Z250005
North Yard Zoning

Z250005
2/26/25
Z250005 RCVD 2/28/25
Modular Solutions, Ltd.

This proposal seeks to rezone the subject property (APN 105-69-452), from RU-43 to 
IND-2 for the entire 3.9-acre site. The Property is located at 5421/5417 S. 43rd Ave, 
Phoenix, AZ 85041. 
The requested IND-2 zoning designation will allow for the development of an industrial 
complex to support office operations, welding, modular setup, and storage. This zoning 
change aligns with the intended industrial use and supports the operational needs of 
Modular Solutions, Ltd. 
The Property’s location provides convenient access to major roadways, ensuring 
efficient logistics and transportation for industrial activities. Additionally, the rezoning 
would complement the surrounding land uses, fostering economic development in the 
area 
The site is ideally situated to support industrial development, serving the growing need 
for modular construction, equipment storage, and operational space within Phoenix and 
the surrounding areas. The proposed rezoning will facilitate the expansion of Modular 
Solutions, Ltd., a company established in 1996 that has been a leader in modular 
construction for nearly three decades. 
The Property's strategic location provides excellent access to major transportation 
routes, ensuring efficient logistics and distribution. Given its proximity to S. 43rd 
Avenue, the site offers direct access to industrial and commercial hubs, making it highly 
suitable for an industrial complex. 
• Operational Overview 
Business Hours: Monday through Saturday, 5:00 AM – 5:00 PM 
• Workforce: 
20 employees dedicated to industrial operations 
• Primary Use: 
Storage of industrial materials

Welding and modular soft set, all trades 
Minor equipment maintenance 
• Signage and Visibility 
The property located at 5421/5417 S 43rd Ave, Phoenix, AZ 85041, is not directly 
adjacent to any major freeways or highways. It is situated approximately 2 miles west of 
Interstate 17 (I-17) and 3 miles south of Interstate 10 (I-10). As a result, it does not fall 
within the classification of being near the main travel lanes of these major transportation 
corridors. Given this distance, the property would not meet the standard proximity 
requirements for freeway-oriented signage. The requested IND-2 zoning designation will 
enable the Property to be developed in alignment with the area's industrial growth while 
enhancing the long-term operational capabilities of Modular Solutions, Ltd. 
The proposed IND-2 zoning designation is essential to support these operations, 
ensuring compliance with industrial land-use requirements and facilitating efficient 
workflow.  
Located at 5421/5417 S 43rd Ave, Phoenix, AZ 85041, the subject property is currently 
zoned RU-43 and is surrounded by a mix of industrial, commercial, and transitioning 
rural land uses. Recent zoning adjustments in the area have transitioned multiple 
properties to industrial classifications, aligning with the proposed IND-2 designation for 
this site. 
With direct access to major transportation routes and essential utilities, the property is 
well-positioned for industrial development. Proximity to key roadways ensures efficient 
logistics and transportation for industrial operations, minimizing potential traffic 
congestion and supporting seamless freight movement. Additionally, the site's 
infrastructure readiness, including access to utilities, further enhances its suitability for 
industrial use. 
Rezoning to IND-2 will enable the property to be utilized for modular setup, welding, 
industrial storage, and equipment maintenance, contributing to the economic growth 
and industrial expansion of the surrounding area. This aligns with broader regional 
development trends, where industrial zoning has become increasingly prevalent to 
support Phoenix’s growing commercial and manufacturing sectors. 
Furthermore, we maintain positive relationships with J and D Rentals LLC and 
neighboring property owners, fostering a collaborative and cooperative environment for 
future industrial development.

As previously outlined, the site, located at 5421/5417 S 43rd Ave, Phoenix, AZ 85041, 
will be accessed from S. 43rd Avenue, which serves as the primary route for entry and 
exit. A preliminary review by engineering and the Maricopa County Department of 
Transportation (MCDOT) has noted that S. 43rd Avenue is a key roadway for industrial 
access, with necessary coordination required for any future improvements or 
modifications. 
The property's location offers convenient access to major arterial roadways, supporting 
efficient transportation for industrial operations. The nearby Interstate 10 (I-10) and 
Interstate 17 (I-17) corridors provide seamless connectivity for logistics, deliveries, and 
workforce commuting. Additionally, the site is near State Route 202 (SR 202), further 
enhancing transportation efficiency by offering an alternative route for regional and 
interstate travel. This strategic positioning improves accessibility to key industrial hubs, 
facilitating smooth commercial and manufacturing activities optimizing supply chain and 
distribution networks. 
Job Creation: The proposed IND-2 zoning will allow the expansion of a modular building 
manufacturing facility, creating jobs across skilled trades, production, administration, 
and neighborhood workforce.  
Economic Growth: Increased property and business tax revenues will benefit public 
services and infrastructure. 
Infrastructure Utilization: The site’s proximity to transportation networks will optimize 
logistics for modular building production and distribution. 
Sustainability: Modular building manufacturing supports efficient construction methods, 
reduced waste, and faster project timelines, contributing to sustainable development. 
Power: SRP 
Water: City of Phoenix 
Sanitary Sewage: Septic System

The Wesley Community Center, located in south-central Phoenix, has been serving the 
community since 1950, offering various programs and services is within one-mile of the 
property.  
The City of Phoenix & Maricopa County identifies the future land use designation of the 
subject property at 5421/5417 S. 43rd Ave, Phoenix, AZ 85041 (APN 105-69-452) as 
part of an industrial growth corridor, supporting the development of manufacturing, 
logistics, and employment centers. The area is evolving with increased industrial 
activity, aligning with the proposed IND-2 zoning designation. 
The proposed industrial zoning is consistent with the surrounding land use patterns and 
will complement the transitioning nature of the area, which includes existing industrial 
and commercial operations. The rezoning will allow for the development of an industrial 
complex, supporting office operations, welding, modular construction setup, equipment 
maintenance, and material storage. This change directly aligns with the operational 
needs of Modular Solutions, Ltd., a company specializing in modular construction since 
1996. 
The property’s strategic location ensures efficient access to major roadways, facilitating 
logistics, transportation, and industrial activities. Additionally, rezoning to IND-2 will 
enhance compatibility with neighboring land uses, contributing to the economic and 
industrial growth of the region. 
Expanding industrial zoning in this corridor will support employment opportunities and 
strengthen The City of Phoenix and Maricopa County’s role as a manufacturing and 
logistics hub, benefiting both local businesses and the broader community. 
The requested rezone to IND-2 is justified as the surrounding industrial and commercial 
developments, along with the property’s strategic location near major transportation 
routes, make it well-suited for industrial land use. The existing industrial activity in the 
area, along with transitioning rural properties, further supports this designation.  
The proposed industrial complex will accommodate office operations, welding, modular 
construction setup, equipment maintenance, and material storage, aligning with the 
operational needs of Modular Solutions, Ltd., a company specializing in modular 
construction since 1996. The property’s proximity to key roadways ensures efficient 
logistics and transportation, optimizing its functionality for industrial activities. 
The rezoning of the property to IND-2 will complement adjacent industrial and 
commercial land uses, fostering further economic development and employment

opportunities in the region. We look forward to continuing to work with Maricopa County 
on this project, and please let us know if there are any additional questions or 
requirements.

Page 1 of 2 
 
 
 
 
 
 
 
 
 
 
 
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:    
March 13, 2025 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Daniel Johnson, Planner, Planning & Development Services 
 
 
From: 
James Philbin, P.E., Plans Examiner Engineer, Planning & 
Development Services 
 
cc: 
Bob Fedorka, P.E., Engineering Manager, Planning & Development 
 
Doug Jones, P.E., Engineering Supervisor, Planning & Development 
 
Subject:   
Z250005 - Zone Change (RU-43 to IND-2) 
 
(E1 Memo) 
Job Site Address: 5417 S 43rd Ave, Phoenix, AZ 85041 
 
APN(s): 105-69-452 
 
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 February 27, 2025, 
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. 43rd Avenue is a MCDOT maintained roadway classified as an arterial roadway. 
The existing 55 foot R/W appears adequate pending the Traffic Study preparation 
and review.  
 
3. A Traffic Study/Statement must be submitted with future entitlement (POD) 
application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4) 
https://www.maricopa.gov/DocumentCenter/View/303   
 
4. Off-site roadway improvements, including additional R/W dedication(s) may be 
required pending the MCDOT approved Traffic Impact Study/Statement.

Page 2 of 2 
  
5. Gated access(es) must provide an adequate turnaround area so that vehicles will 
not back onto public roads. 
 
6. The above comments do not include identification of utilities or underground 
facilities within or adjacent to the required right-of-way that may have prior rights 
and/or require relocation. 
 
7. 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 Modular Solution, LTD planning case(s). Please note the following MCESD 
requirements for site development: 
 
Onsite Wastewater (Septic) –  
A Minor Plan Review application must be submitted for any existing septic system(s) if 
being utilized and if the applicant believes the existing system(s) are adequate in size to 
support the new use; otherwise, a new septic permit/install may be required. 
 
A Notice of Intent to Discharge application for a 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. 
• 
If conducting food service in unincorporated Maricopa, a grease trap will be 
required by Onsite Wastewater program. 
• 
Setback requirements must be maintained per Arizona Administrative Code, Title 
18, Chapter 9, Article 312, C (Features Requiring Setbacks). 
 
Projected flows between 3000 and 24,000 gallons per day require a 4.23 General Permit and 
may require nitrogen treatment. 
 
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov. 
 
Subdivision Infrastructure and Planning –  
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. 
Project Name: Modular Solution, LTD 
Primary Contact Name: Gaudalupe 
Alvarado 
Planning Application Type: Zone Change 
APN(s): 105-69-452 
Reviewer: Elliott Wheaton, P.E. 
Email: Elliott.Wheaton@maricopa.gov 
Phone: 602-376-6035 
Planner Name: Daniel Johnson 
Planning Case #: Z250005 
Date: March 13, 2025 
 
Water and Waste Management Division

Page | 2  
 
 
 
A Water Service Agreement signed 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 Form 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 –  
*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.

Z250005 RCVD 4/8/25

From: 
Peter Batschelet <pbatschelet@leearizona.com> 
Sent: 
Friday, April 11, 2025 2:14 PM 
To: 
Daniel Johnson (PND) 
Subject: 
CASE #:  Z250005 - Modular Solutions LTD 
 
 
This Message Is From an External Sender  
This message came from outside your organization. Please use caution when corresponding outside the 
county.  
 
Good afternoon, Daniel. 
 
I am the owner of the property to the north.  I approve of the rezone application. 
 
Thank you. 
 
Pete Batschelet, SIOR 
Principal 
Lee & Associates | Arizona 
  
D  602.912.3522 
C  602.579.0749 
pbatschelet@leearizona.com 
  
 
____________________________________ 
 
5090 N 40th Street | Suite 300 
Phoenix, Arizona 85018  
  
Confidentiality Notice: The information contained in this electronic e-mail and any accompanying attachment(s) is intended only for the use of 
the intended recipient and may be confidential. If any reader of this communication is not the intended recipient, unauthorized use, disclosure 
or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender 
by return e-mail, and delete the original message and all copies from your system. Thank you.

P.O. Box 15507 
Phoenix, Arizona 85060 
 
Tel: 602-605-8224 
E-mail: galvarado@mod-sol.com 
 
April 15TH, 2025 
 
Draft Conditions 
Daniel Johnson, Planner 
301 W. Jefferson Street 
Suite 170 
Phoenix, AZ 85003 
 
RE: Z250005 – REZONING FROM RU-43 TO IND-2 TO ALLOW A MODULAR BUILDING MANUFACTURING FACILITY LOCATED AT 
5417 SOUTH 43RD AVENUE 
 
Modular Solutions is fine with the conditions listed ‘a’ – ‘j’ with the approval of the Board of Supervisors for our rezoning request. 
 
The list below is in response to the City of Phoenix stipulations to Z250005 REZONING FROM RU-43 TO IND-2. We also attached 
supporting documents and approved documents by Maricopa County Planning and Development Department.   
 
1. 
The site will maintain a minimum 30-foot-wide building & landscape setback along 43rd Avenue. See attachment 
for   Maricopa County approved site plans and existing site plan. 
 
2. 
Within the landscape setbacks area, all the requested items are already existing. See attached existing site plan 
and receipt for the vegetations planted in landscape area. 
 
3. 
Retention areas for stormwater is existing on site, per approved drawings and existing site plan; see attachments. 
 
4. 
A 30-foot-wide easement exists along the east of 43rd Avenue within the 10-foot-wide MUT easement. See 
attachments for approved drawings and existing site plan. 
 
5. 
The chain link with slats was installed under the directions of Maricopa County Planning and Development; see 
attached approved plans by Maricopa County Planning and Development. 
 
6. 
Fencing along the public street was permitted, inspected, and passed by Maricopa County approval. See 
attachments. 
 
7. 
No lights are installed by any adjacent residential property.  See attached existing site plan.  
 
8. 
There is no noise, odor, or vibration that exceeds outside the property. This property has been operating for years 
and has very well maintained the noise, odor, or any vibration within our boundaries.  
 
If you have any questions or comments, please feel free to contact me.  Thank you. 
 
Sincerely, 
 
 
 
Guadalupe Alvarado  
Architectural Designer 
Modular Solutions, LTD