03. Z2021007 PZ Report
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Z2021007
Page 1 of 1
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021007 – Montana Tractor & Plow Company
Hearing Date:
October 5, 2023 (tabled September 9, 2021)
Supervisor District:
3
Applicant/Owner:
Montana Tractor & Plow Company
Request:
Zone Change from Rural-43 to C-3 CUPD
Site Location:
APN 210-09-019 @ 905 W. Happy Valley Rd. Generally located at the
northwest corner of 9th Ave. and Happy Valley Rd. in the north Phoenix area
Discussion:
This case was tabled by the Commission on 9/9/21 by a vote of 6-1
(commissioner Arnett dissenting). Staff requests the case be moved off
the table. Once un-tabled staff will instruct the applicant to provide an
updated list of surrounding property owners and other case materials
necessary to conduct public notice. Once the material is received the
matter will be scheduled for the next available Commission public hearing
after proper public notice.
Historic case material is attached for reference. A new staff report packet
will be prepared when the case comes back before the Commission at
public hearing.
Presented by:
Darren V. Gerard, AICP, Planning Manager
Attachments:
Z2021007 staff report packet (34 pages)
Z2021007 handout (27 pages)
9/9/21 P&Z minutes (21 pages)
Z2021007 revised site plan (1 page)
Z2021007 revised narrative (4 pages)
Z2021007
Page 1 of 12
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2021007 - Montana Tractor & Plow Company
Hearing Date:
September 9, 2021
Supervisor District:
3
Applicant:
Brian Greathouse, Burch & Cracchiolo
Owner:
Montana Tractor and Plow Company
Requests:
Zone Change from Rural-43 to C-3 CUPD
Site Location:
Generally located approx. 350 ft. east of the NEC of Happy Valley
Rd. and 11th Ave. alignment in the Phoenix area.
Site Size:
Approx. 4.7 acres
Density:
N/A
County Island:
Yes (City of Phoenix)
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
Phoenix – Commercial/Commerce/Business Park uses
Municipal Comments:
Yes, City of Phoenix
Support/Opposition:
Seven (7) letters of opposition
Recommendation:
Approval as conditional zoning per MCZO, Art. 304.6 with a Plan of
Development and commercial construction permits to be
completed within six months of Board approval or the zoning may
be considered for revocation.
Z2021007
Page 2 of 12
Project Summary:
1.
The applicant is requesting to rezone approximately 4.7 acres from Rural-43 to C-3 with a
CUPD overlay in order to permit retail sales of tractors and other agricultural implements.
The subject property is located on the north side of Happy Valley Road east of 11th
Avenue in the Phoenix area. Primary access to the site is via Happy Valley Road. The site
is encumbered by 33’ patent easements on the east, west and north sides of the site. The
applicant is proposing to abandon these easements in order to facilitate further
development of the site.
2.
The subject site is currently zoned for Rural 43 land uses. Currently, the property is being
used for tractor and equipment sales, which is not an allowed land use within the Rural
43 zoning district. Also, development on the site consists of a building for retail sales, a
concrete pad for the assembling of tractors and various equipment storage structures,
all of which have been constructed without a building permit. A notice of violation is
present on the property (ref. #V201902005) for 1) the existing land use without proper
zoning entitlement and 2) development of the site without benefit of issued construction
permits. A compliance agreement with the property owner has been executed setting a
deadline date to bring the property into compliance by October 4, 2021.
As the first step towards bringing the property into compliance, the applicant is
requesting to rezone the property to C-3 CUPD to allow the use of the property for
equipment sales and service. However, rezoning of the property is only the first step
towards compliance. Following the rezoning of the property, the property owner will be
required to submit an application for the approval of a Plan of Development (POD),
followed by an application for the approval of construction permits for all site work,
fencing, buildings and structures, etc. Until a POD and permits are approved for the site
the property remains in violation. If the zoning of the property is not approved, the current
use of the property for equipment sales and rentals will need to cease and desist and all
non-permitted structures on the site will need to be removed.
To date, fines associated with the violation are current, allowing the zoning case to
proceed. However, investigative fees, an additional noncompliance fine, and accruing
daily noncompliance fines will become due and owing after the deadline.
3.
The applicant has applied for a Commercial Unit Planned Development (CUPD) overlay
as part of this zone change. The CUPD will restrict the uses of the site to only allow farm-
related equipment rentals and sales, and will vary the standard for screening. The
following table lists the proposed C-3 CUPD development standards.
Regulation
C-3 Base Standards
Proposed C-3 CUPD
Standards
Minimum Lot Area
6,000 sq. ft.
6,000 sq. ft.
Minimum Lot Width
60-feet
60-feet
Maximum Lot Coverage
60%
60%
Maximum Building Height
40-feet
40-feet
Minimum Front Yard Setback
(south property line)
10-feet
10-feet
Minimum Street Side Setback
(east property line)
10-feet
10-feet
Z2021007
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4.
The surrounding area is partially undeveloped with uses comprised of a mix of low-density
single-family residential development (0-1 d.u./ac.), low intensity commercial uses, and
light industrial uses as shown on the aerial below.
2021 Aerial Images
Minimum Interior Side Yard
Setback (west property line)
10-feet
10-feet
Minimum Rear Yard Setback
(north property line)
25-feet
25-feet
Screening
A solid wall, not less than
six feet in height, shall be
required along and
adjacent to any side or
rear property line abutting
any rural or residential
zone boundary.
A solid wall, not less than
eight feet in height, shall
be required along and
adjacent to any side or
rear property line abutting
any rural or residential
zone boundary.
Z2021007
Page 4 of 12
PlanNet Image
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-43 / Commercial Tractor sales
North:
Rural-43 / Vacant
South:
Happy Valley Rd. then Rural-43 / Vacant
Southwest:
Happy Valley Rd. then SUP for Light Industrial outdoor storage
East:
Rural-43 / Vacant
West:
Rural-43/ Single-family residence
Utilities and Services:
6.
Water:
Private Well
Wastewater:
Septic
School District:
Deer Valley Unified School District
Fire:
North County
Police:
MCSO
Right-of-Way:
7.
Happy Valley Road is in the City of Phoenix jurisdiction and future classification and
improvements to the right of way are subject to approval by the City of Phoenix.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Jurisdiction
Happy Valley Rd
40-feet
NA
City of Phoenix
Adopted Plans:
8.
Vision 2030 (adopted January 2016): The subject site is located outside of County Area
Plans. Unincorporated areas outside of Area Plans are designated as Rural Development
Area (0-1 d.u./ac.) the subject site is also located within the City of Phoenix General Plan.
Z2021007
Page 5 of 12
9.
Phoenix General Plan 2015 (adopted March 2015): The site is designated for
Commercial/Commerce/Business Park uses, which is consistent with the proposed retail
sale of tractors and other agricultural implements. The City of Phoenix provided
comments related to the need for right of way dedication and did not express opposition
to the requested rezoning of the property.
Public Participation Summary:
10.
The applicant complied with the Maricopa County Public Participation Process with the
required posting of the property and notification to the adjacent property owners within
300’ of the subject site. The public participation generated seven (7) letters of opposition
representing eight (8) individuals. Seven of the opposition letters are located within 300’
of the subject site.
Per Section 304.2.4 of the Maricopa County Zoning Ordinance (MCZO), if 20% of the
owners by number and by area, of all property within 300 feet of the proposed change,
file a protest, such a change shall not be made except by a three-fourths vote of all
members of the Board of Supervisors. According to the opposition letters received, 35%
of the owners representing 39% of the acreage within a 300’ radius of the site have
protested the requested rezoning. Therefore, this level of opposition has triggered
requirement for a supermajority (four affirmative) vote of the Board for C-3 CUPD zoning
approval. A map displaying the location of the opposition has been attached.
11.
The applicant’s Final Citizen Participation Results Report states they conducted one
virtual meeting on March 18, 2021 and one neighborhood meeting at the site on April 13,
2021. The report states that the residents are generally concerned about the business
operations generating excessive noise, traffic and dust adjacent to their properties. The
applicant has stated the property owners will take measures to limit the dust and noise
emanating from the site. Staff has crafted conditions to address the concerns of adjacent
property owners (see Conditions e and f).
Outstanding Concerns from Reviewing Agencies:
12.
The City of Phoenix requests the applicant dedicate 65’ of ROW for the north half of
Happy Valley Road and construct the north half street with a minimum of 52’ of paving,
curb, gutter and detached 5’ min sidewalk with appropriate pavement tapers and
striping plans submitted to the City. The city is also requesting that the site plan submitted
to the City note that the driveway will be future median restricted. Staff believes the
request by the City of Phoenix is reasonable to permit access onto City maintained roads
staff has offered condition ‘i’ to ensure compliance with the Request by the City of
Phoenix.
13.
This site is a part of a four-parcel request for annexation into the City of Phoenix that
appears to have been submitted August 2021.
Staff Analysis:
14.
Staff has concerns with the current development of the site. The property owner has
continued to develop the site without zoning entitlements or building clearances. Despite
efforts from staff to bring the site into compliance by suspending fines and extending
Z2021007
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compliance deadlines, staff does not believe the granting of this request will fully address
the violations on the site. On November 15, 2019 County Staff issued a Notice of Order to
Comply to the property owner and added the following image of the site to the case
file. Staff has also added a series of aerials showing the continuous development on the
site after the property owner was notified of the zoning violation.
2019 Aerial
2020 Aerial
2021 Aerial
15.
Since the original violation notification in November 2019, the property owner applied for
a Pre-Application meeting in May 2020 in which he was advised to request a rezone and
plan of development on the site. Despite the violation (and original compliance
deadline) the applicant did not apply for the subject rezone until February of 2021. The
applicant has been advised of the development standards; however, the property
owner has continued to exacerbate the noncompliance on the site contrary to the
direction of staff and contrary to the proposed project information contained in the
narrative report. The narrative report states that the project has water hauled to the site,
but upon approval of the rezone a private well will be established. A site inspection
conducted by staff on August 14, 2021 shows the site is extracting water without known
consent from a nearby fire hydrant which may affect fire services in the area.
Additionally, the property owner has established the employee parking within a
Z2021007
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residential ingress/egress easement that may prevent the use of the easement of
adjacent residents and emergency services. The Zoning Ordinance prohibits commercial
parking design that results in vehicular traffic backing into a street. See photos taken by
staff on August 14, 2021.
Designated Employee Parking in Easement
Path to Employee Parking
Z2021007
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Water Connection from Fire Hydrant
Water Supplied to Storage Tank
Z2021007
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2021 Aerial with Labels
16.
None of the development that has occurred to date has had the benefit of issued
clearances or permits. Staff does not have faith that the property owner will properly
develop the site with required permits. Therefore, staff is recommending zoning approval
be conditioned, setting a timeframe for completion of permits to establish the use and
bring the property into compliance with development standards and stipulated
conditions of approval (see Condition h).
17.
The proposed C-3 CUPD zoning is appropriate for the site. It is located and accessed via
an arterial road, Happy Valley Rd. The City of Phoenix General Plan calls for commercial
land uses. Importantly the City provided comment (email to the applicant copied to
MCDOT, and attached to this report) with regard to half-street dedication and access
improvement. The City did not comment with regard to their general plan land use nor
express any opposition to the requested C-3 CUPD zoning. However, the Plan of
Development (POD) earlier submitted by the applicant was not in an approvable form.
A POD cannot be approved concurrently with the zoning.
Z2021007
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18.
Staff is of the opinion that the property owner has not provided a compelling justification
for POD approval at this time. They have not provided a site plan demonstrating any
screening/buffering for adjacent residential properties. Therefore, Staff is recommending
a condition of approval requiring a landscape buffer be maintained adjacent to any
side or rear property line abutting any rural or residential zone boundary (see Condition
d.1).
Recommendation:
19.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval of Z2021007subject to conditions ‘a’ – ‘l’:
a.
Development of the site shall be in conformance with the Narrative Report entitled
“Team Tractor Ranch”, consisting of 4 pages, dated August 16, 2021, and stamped
received August 16, 2021, except as modified by the following conditions.
b.
The following Planning Engineering conditions shall apply:
1.
Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to number of
proposed building lots/units, drainage design, access and roadway
alignments. These items will be addressed as development plans progress
and are submitted to the County for further review and/or entitlement.
2.
A traffic impact study (TIS) must be submitted with future entitlement
(preliminary plat or POD) application(s).
3.
Happy Valley Road is within the jurisdiction of the City of Phoenix. 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.
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.
c.
The CUPD overlay is applied to restrict the use of the site to farm-related
equipment leasing, rentals, and sales and similar uses as approved by the County
Zoning Administrator, but not including equipment customarily used for heavy
construction.
d.
The following C-3 CUPD standard shall apply:
1.
Site Screening: 8’ CMU block wall shall be required along and adjacent to
any side or rear property line abutting any rural or residential zone
boundary. In addition, there shall be a 10’ strip of landscaping provided
along the exterior of said wall with 24” box trees planted 20’ apart on
center. Landscaping shall be maintained.
Z2021007
Page 11 of 12
e.
Required parking spaces, tractor/equipment display areas and the primary site
access shall be concrete or paved or may be alternatively surfaced with ABC
material rolled and compressed with a liquid asphaltic binder/emulsifier.
f.
Outdoor storage areas and internal driveways shall be concrete or paved,
storage areas may be alternatively surfaced with ABC material.
g.
Administrative approval of a Plan of Development will be required prior to
approval and issuance of construction permits to develop and establish use of the
site. Prior to issuance of a building permit, written confirmation will be required from
the emergency fire protection jurisdiction having authority that the facility has
been designed in accordance with their regulations and requirements, and that
emergency fire protection service will be provided to the facility. Prior to issuance
of the certificate of occupancy, local fire protection jurisdiction review and
approval will be required. Prior to issuance of a building permit, written
confirmation will be provided that the site is served by a public water system.
h.
C-3 CUPD zoning approval per Z2021007 is conditional in accordance with
Maricopa County Zoning Ordinance, Article 304.6. The property owner shall obtain
administrative approval of a Plan of Development and shall have completed all
required construction permitting within six months of Board approval of Z2021007
or the C-3 CUPD zoning may be scheduled for public hearing to consider
revocation.
i.
Prior to Zoning Clearance for construction permits, the applicant shall provide a
copy of City of Phoenix approvals to Maricopa County Planning and
Development Department for the right-of-way improvements to Happy Valley Rd.
j.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance, Article 304.6.
k.
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.
l.
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.
Z2021007
Page 12 of 12
Presented by:
Jose Castañeda, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Narrative Report (4 pages)
MCDOT comments (5 pages)
MCESD comments (1 page)
DPR comments (2 pages)
Letters of opposition (8 pages)
Map of Opposition (1Page)
M
ARICO
PA CO
UN
TY
/
M
aricopa County Planning & Developm
ent - Phoenix, AZ
3
G
ross Acres: 5 approx.
G
enerated August 23, 2021 16:58 PM
Z2021007
Application Nam
e:
Legal Description
M
O
NTANA TRACTO
R & PLO
W
CO
M
PANY
Applicant
Case Address
T04N R03E 6, T4N R03E 06
BRIAN G
REATHO
USE for Burch & Cracchiolo
912 W
HAPPY VALLEY Rd
Applicant Phone/Em
ail
Parcel Prim
ary:210-09-019
602.234.9903
BG
REATHO
USE@
BCATTO
RNEYS.CO
M
PHO
ENIX AZ 85085
M
ap scale 1:1,545
Supervisor District No.
ZO
NE CHANG
E TO
C-3 FO
R RETAIL/RENTAL O
F TRACTO
RS AND RELA
TED EQ
UIPM
ENT
5.3585 in
C-3 CUPD Narrative Report
FOR
Team Tractor Ranch
NORTHWEST CORNER OF 9TH AVENUE AND HAPPY VALLEY ROAD
Case No. Z2021007
1st Submittal: January 19, 2021
2nd Submittal: March 11, 2021
3rd Submittal: August 16, 2021
2
PURPOSE OF REQUEST
This request is for a Zone Change from Rural-43 to C-3 (General Commercial) with
Commercial Unit Plan of Development Overlay (“CUPD”) on approximately 4.7 acres located at
the northwest corner of Happy Valley Road and the 9th Avenue alignment in Maricopa County
(the “Site”). Team Tractor Ranch (“TTR”) requests this Site be rezoned from RU-43 to C-3 CUPD
to allow the existing business (Team Tractor Ranch) to continue its business operations on the Site
under the regulations of the C-3 Zoning District, as modified through the CUPD Overlay.
DESCRIPTION OF PROPOSAL
TTR sells and leases agricultural tractors, implements, and farm supplies. The Permitted
Uses on the Site will be Tractor and Tractor Equipment, Sales and Leasing, and similar uses as
approved by the County Zoning Administrator. All other uses listed under the C-3 Zoning District
shall be prohibited on the Site.
TTR’s existing improvements include: one existing building with a customer counter and
administrative offices, tractor and implements display area, customer and employee parking areas
on asphalt millings, and rural agrarian fencing along the Happy Valley Road. Ingress and egress
to the Site is located along Happy Valley Road.
The proposed improvements on the Site include: new asphalt or concrete paved parking
lot and tractor/equipment display area that will minimize dust, new water well and septic system,
new 8’ masonry wall surrounding the properties west, north, and east boundaries, and new 3’
parking lot screen wall along Happy Valley Road. It is intended that the property improvements
comply with the C-3 Development Standards and Regulations.
TTR business hours are 7:30 AM to 5:00 PM Monday through Friday and 8:00 AM to
12:00 PM on Saturday. Employees are not scheduled or permitted to work afterhours. The existing
and proposed building are located within the central portion of the Site and there is a Tractor and
Tractor Equipment Display Area located north of Happy Valley Road. The employee and visitor
parking area is located between the Display Area and the building on the Site. The area north of
the building is where the water well, sewer septic system, and vendor delivery area are located.
Signage will comply with Section 14 of the MCZO.
RELATIONSHIP TO SURROUNDING PROPERTIES
TTR has operated on the Site since Fall of 2019. The Site is surrounded on the west by an
existing business and storage yard (The Pond Gnome), two vacant residential lots and an existing
residential home abutting the northwest corner of the Site. To the north and east are vacant
residential lots. There is an existing single-family mobile home adjacent to the northeast corner
of the Site, which has access along the 9th Ave alignment via an existing patent easement. TTR’s
development will not impact the existing access on the east boundary of the Site.
The Site is within the City of Phoenix’s Planning Area. Phoenix’s General Plan Land Use
Map designates the Site as “Commercial / Commerce Park.” The proposed C-3 zoning is
3
compatible with the City of Phoenix designation. The County Comprehensive Plan designates the
Site “Rural/Residential 0-1 du/ac / Natural Desert.”
LOCATION AND ACCESSIBILITY
Happy Valley Road is currently under construction to be widened. Electrical facilities are
available to the Site by APS. Water is provided to the Site via an above ground tank with water
hauled into the Site. TTR intends to continue the existing water service until the City of Phoenix
installs a waterline in the future. Further, a septic sewer system will serve the Site until services
are made available from the City of Phoenix.
CIRCULATION SYSTEM
Access to and from the Site are provided via driveway along Happy Valley Road. The
onsite circulation and parking layout have been designed to provide a safe and convenient
customer experience. Customer and employee parking is provided along the south side of the
building.
DEVELOPMENT SCHEDULE (PHASING)
TTR is an existing business that does not conform to the Site’s existing zoning. We are
processing this Zone Change Application pursuant to a Compliance Agreement (V201902005).
We intend to process this Zone Change request then Construction Documents and Permitting to
bring the Site into compliance with County requirements. Site improvements are anticipated to
begin by Fall 2021.
COMMUNITY FACILITIES AND SERVICES
There are no adjacent or nearby community parks or amenities (other than hiking and off-
road vehicle recreation opportunities vacant open space areas). The nearest public park, amenities
and recreation (other than hiking and off-road vehicle recreation) is located approximately 3.5
miles southeast of the Site (Reach 11 Sports Complex). The Site is located in the Deer Valley
Unified School District. The nearest school is Norterra Canyon Elementary located approximately
1.6 miles northwest of the Site. The Site is surrounding by mostly vacant desert land. The TTR
development will not have any negative impacts on any school district, parks or other amenities in
the area.
PUBLIC UTILITIES AND SERVICES
Water:
Private Water Well
Sewer:
Onsite Septic
Police:
Maricopa County Sheriff’s Department
Fire:
North County
4
Refuse:
Private Refuse Company
DEVELOPMENT STANDARDS TABLE
The C-3 RUPD Development Standards Comparison Table is provided below:
REGULATION
BASE ZONING DISTRICT
REGULATIONS (C-3)
PROPOSED ZONING
REGULATIONS (C-3 RUPD)
Height
40’
40’
Min. Front Yard
10’
10’
Min. Side Yard
10’
10’
Min. Rear Yard
25’
25’
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
CONCLUSION
This Zone Change Application establishes uses and other criteria that are appropriate for
the Site and compatible with the surrounding area. We request the County’s Approval.
From:
Rajanikanth Thoutam (DOT)
To:
Brian Greathouse
Cc:
Darren V. Gérard (PND); Jose Castaneda (PND); Sean Michael; Leslie Chatburn
Subject:
RE: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave alignment
Date:
Monday, August 2, 2021 10:44:24 AM
Attachments:
image003.png
Hi Brian,
As Happy Valley Rd is under COP jurisdiction, county requires that the developer address below city
comments and provide a copy of approvals to P&D. MCDOT has no comments on the TIS.
Kind Regards
Did I provide excellent service? Tell us how we are doing.
Rajanikanth (Raj) Thoutam, P.E.
Traffic Design Branch Manager
Transportation Systems Management
O: 602.506.8940 ▪ F: 602.506.8758
Maricopa County Department of Transportation
2901 W. Durango Street ▪ Phoenix, AZ 85009
Rajanikanth.thoutam@maricopa.gov
Providing Connections that Improve People’s Lives
From: Brian Greathouse <bgreathouse@bcattorneys.com>
Sent: Monday, August 2, 2021 10:24 AM
To: Rajanikanth Thoutam (DOT) <Rajanikanth.Thoutam@Maricopa.Gov>
Cc: Darren V. Gérard (PND) <Darren.Gerard@Maricopa.Gov>; Jose Castaneda (PND)
<Jose.Castaneda@maricopa.gov>; Sean Michael <sean@teamtractor.com>; Leslie Chatburn
<lchatburn@bcattorneys.com>
Subject: RE: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave
alignment
Good morning Raj,
I was informed by PDD that our rezoning case has grown inactive. Per the below chain of emails, we
have not received comments from MCDOT on the TIS. Please let me know if you need me to send
you a copy of the TIS. I understand that City of Phx Streets Transportation Dept sent you their
comments on April 8, 2021.
Thank you,
Brian
Brian Greathouse
(602) 234-9903
From: Christopher Kowalsky <chris.kowalsky@phoenix.gov>
Sent: Thursday, April 22, 2021 6:47 PM
To: Brian Greathouse <bgreathouse@bcattorneys.com>; Maja Brkovic <maja.brkovic@phoenix.gov>
Cc: Jackson, Mike <mjackson@cecinc.com>; Ricki Horowitz <rhorowitz@bcattorneys.com>; Jacque
Collard <jcollard@bcattorneys.com>; Rajanikanth Thoutam (DOT)
<Rajanikanth.Thoutam@Maricopa.Gov>
Subject: RE: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave
alignment
Brian,
City responses were provided back to MCDOT, Raj Thoutam on April 8 CC’d on this response.
The following is what is required:
We would request that the County require that development to dedicate 65’ of ROW for the north
half of Happy Valley Road and construct the north half street with a minimum of 52’ of paving, curb,
gutter and detached 5’ min sidewalk with appropriate pavement tapers and striping plans submitted
to the City. The Driveway shall be constructed to a 30’ COP Std Dtl. P1255-2 wing type.
Also, please note that our City Street Classification Map calls for a future median within Happy Valley
Road. We would request that the site plan note that the driveway will be future median restricted.
Developer would be required to submit Civil plans to the City for review and improvements within City
jurisdiction.
Thanks,
Chris
From: Brian Greathouse <bgreathouse@bcattorneys.com>
Sent: Thursday, April 22, 2021 6:21 PM
To: Matthew Wilson <matthew.wilson@phoenix.gov>; Christopher Kowalsky
<chris.kowalsky@phoenix.gov>; Maja Brkovic <maja.brkovic@phoenix.gov>
Cc: Jackson, Mike <mjackson@cecinc.com>; Ricki Horowitz <rhorowitz@bcattorneys.com>; Jacque
Collard <jcollard@bcattorneys.com>
Subject: RE: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave
alignment
Chris and Maja,
Can you provide an update on the TIS review? ETA? We’re at the end of our Staff Review of the
rezoning and this is one of the last steps to check off.
Thank you,
Brian
Brian Greathouse
(602) 234-9903
[bcattorneys.com]
From: Brian Greathouse
Sent: Monday, April 12, 2021 12:17 PM
To: Matthew Wilson <matthew.wilson@phoenix.gov>; Christopher Kowalsky
<chris.kowalsky@phoenix.gov>; Maja Brkovic <maja.brkovic@phoenix.gov>
Cc: Jackson, Mike <mjackson@cecinc.com>; Ricki Horowitz <rhorowitz@bcattorneys.com>; Jacque
Collard <jcollard@bcattorneys.com>
Subject: RE: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave
alignment
Matt,
Yes – County development. Raj is point of contact at MCDOT.
Brian Greathouse
(602) 234-9903
[bcattorneys.com]
From: Matthew Wilson <matthew.wilson@phoenix.gov>
Sent: Thursday, April 8, 2021 2:25 PM
To: Brian Greathouse <bgreathouse@bcattorneys.com>; Christopher Kowalsky
<chris.kowalsky@phoenix.gov>; Maja Brkovic <maja.brkovic@phoenix.gov>
Cc: Jackson, Mike <mjackson@cecinc.com>; Ricki Horowitz <rhorowitz@bcattorneys.com>; Jacque
Collard <jcollard@bcattorneys.com>
Subject: RE: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave
alignment
Brian,
Thank you. Chris and Maja will take point on this review. Is there a City of Phoenix KIVA number
with this? I assume not since it is a County project.
Is Raj the point of contact at the County?
Thank you,
Matt Wilson
602-262-7436
From: Brian Greathouse <bgreathouse@bcattorneys.com>
Sent: Thursday, April 8, 2021 2:16 PM
To: Streets P STR <streetsp@phoenix.gov>; Matthew Wilson <matthew.wilson@phoenix.gov>
Cc: Jackson, Mike <mjackson@cecinc.com>; Ricki Horowitz <rhorowitz@bcattorneys.com>; Jacque
Collard <jcollard@bcattorneys.com>
Subject: TIS for Maricopa County Rezoning Case #Z2021007 - NWC Happy Valley Rd & 9th Ave
alignment
Good afternoon,
My Client, Team Tractor Ranch, is processing a rezoning case within Maricopa County. We received
the following comment from County Planning Staff:
You need to contact City of Phoenix since Happy Valley Rd. right-of-way belongs to them and
verify if they want a traffic impact study or if a traffic impact statement will suffice. Contact
the City of Phoenix via email at: StreetsP@phoenix.gov If the city transportation office okays
your study/statement and is ok with the 55’ setback for R/W from the centerline of Happy
Valley then please forward that acknowledgment to me so I can include it in the case file.
Attached is our Traffic Impact Statement prepared by SWTE. There are very minimal trips generated
by the Team Tractor Ranch business – 5 PM Peak Hour Trips.
Per the above County Staff comment, can you please review the attached TIS and reply back stating
the City of Phoenix has no objections and the 55’ setback for R/W from the centerline of Happy
Valley is sufficient?
Please let me know if you have any questions.
Best,
Brian
Brian Greathouse
Direct: 602.234.9903
E-mail: bgreathouse@bcattorneys.com
Secretary: Jacque Collard
Direct: 602.234.8727
E-mail: jcollard@bcattorneys.com
[bcattorneys.com] [nam02.safelinks.protection.outlook.com]
BURCH & CRACCHIOLO, P.A.
1850 North Central, Suite 1700 | Phoenix, AZ 85004
602.274.7611 Main Office | 602.234.0341 Fax
www.bcattorneys.com [bcattorneys.com] [nam02.safelinks.protection.outlook.com]
This message is confidential and may contain privileged information. Only the intended recipient is authorized to
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Water and Waste Management
Division
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-0376
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
DATE:
February 8, 2021
TO :
Jose Castaneda, Planning & Development Dept.
Senior Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Rezoning from RU-43 to C-3.
Z2021007
The Maricopa County Environmental Services Department (MCESD) has received
documentation request for the above project. This request is for a Zone Change from
Rural-43 to C-3 (General Commercial) on approximately 4.7 acres located at the
northwest corner of Happy Valley Road and the 9th Avenue alignment in Maricopa
County.
Based on the submitted documentation, this project is Rezoning to C-3 to allow the
existing business (Team Tractor Ranch) to continue its business operations on the Site
under the regulations of the C-3 Zoning District. TTR sells and leases tractors and
tractor equipment at APN # 210-09-019. Water service will be by delivery only and
sewer will be provided by onsite septic system. MCESD has concerns, NOID must be
obtained prior to construction permits approval.
Based on the above, MCESD raised no objections to the Planning & Development
Department in in Accela Automation on February 8, 2021 and can allow the project to
proceed at this time subject to the following stipulations:
Stipulations:
None.
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. 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 regulations in force at the time of application.
Doug Jones, P.E., CFM
Planning & Development
301 W Jefferson St, Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-0790
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
Doug.Jones@maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
August 23, 2021
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Jose Castaneda, Planner, Planning & Development Services
From:
Doug Jones, P.E., CFM, Plans Examiner Engineer, Planning &
Development Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Subject:
Z2021007 - Zone Change (to C-3)
(E3 Memo)
Job Site Address: 912 W HAPPY VALLEY Rd, PHOENIX, AZ 85085
APN(s):
210-09-019
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
3rd submittal of the Zone Change application routed for review on August 18, 2021,
and has no objections provided that the following conditions are made part of any
approval:
The following conditions will apply as part of any approval:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed
building lots/units, drainage design, access and roadway alignments. These items
will be addressed as development plans progress and are submitted to the County
for further review and/or entitlement.
2. A traffic impact study (TIS) must be submitted with future entitlement
(preliminary plat or POD) application(s).
3. Happy Valley Road is within the jurisdiction of the City of Phoenix. 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. 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.
Wed 07/21/2021 9:49 AM
hagartyelectric@gmail.com
RE: 11 th Ave -tractor team - Case Number Z2021007 - Montana Tractor & Plow Company
Jose,
First thank you for replying so quickly. My name is Dennis Hagarty, my address is: 25225 N 11th Ave,
Phoenix. We have been fighting this business for some time now and nothing seems to be happening.
This business continues to operate, building more buildings on the property and he continues to
assemble and sell equipment. We have been told that he is being fined and has more than one cease
and desist order but he continues to operate. He is now working seven days a week, starting as early as
5:30am and continuing until after dark. He creates dust spreading all the way down past my property,
and the noise is deafening. On July 4th (Sunday) we were trying to have a family get together, the noise
and dust coming from Montana Tractor Company was so bad that we had to move our get together
from my house to another family members house.
I can't understand why he is allowed to continue to operate and build/improve his business when this
area is clearly not a commercially zoned area. Please shed some light on this subject and let us know
why this is not being handled. Why is he being allowed to continue to operate? He has received electric
service with no permit, he is using water from a fire hydrant, he has no septic tank permit, I shudder to
think how the employees are using any proper bathroom facilities.
You mentioned that the county staff is working with the property owner to attempt to bring the site into
compliance, how can he be compliant when he is operating a manufacturing business in a residential
area? There is no compliance, he needs to move his business to a commercially zoned area, period.
Thank you for your prompt attention to this urgent matter. We look forward to hearing from you soon
and to putting this case to an end.
Regards,
Dennis Hagarty
Fri 04/16/2021 9:23 AM
Jamie Macfarlane jmac103012@gmail.com
Re: Z2021007 - MONTANA TRACTOR & PLOW COMPANY -
Hi Jose,
I want to thank you for emailing me. As you have probably gathered by now, there are many neighbors
including ourselves who are in opposition of this development and have been since they set foot on the
property. We will be sending you our opposition and I will also be providing this information to other
neighbors who are also in opposition. I was wondering if you had any time for a conversation? I have
some questions regarding the process. Are you available today anytime except between 1-2pm?
Thank you!
Jamie Macfarlane
25219 N 9th Ave, Phoenix, AZ 85085
623-451-6704
From:
Wade Hagarty
To:
Jose Castaneda (PND)
Subject:
RE: 11th Ave -Tractor Team - Case Number Z2021007 - Montana Tractor & Plow Company
Date:
Thursday, August 19, 2021 8:34:23 PM
Good Morning All,
I am Wade Hagarty, my address is 25207 N 11thAve, Phoenix, my property butts up to the
Team Tractor property line. I have experienced the same disregard for my property. My
privacy has been invaded by flashlights flashing around in my bedroom window at 3:00 am
by workers at the Team Tractor property, employees yelling and cursing, tractor noise all
hours of the night, and what seems like endless major construction. We have tried many
avenues to get this zoning issue resolved but it seems as if all of our efforts fall on deaf
ears. I am not sure what it will take to get this matter resolved.
As mentioned by Mr. Macfarlane, now another company has moved in and is setting up
shop. Apparently Maricopa County does not care about the tax payers and voters. Why do
we have laws if no one has to follow them or no one will enforce them? When we were
building our home, the inspectors gave us such grief about how far apart the screws in our
drywall were, but now the county can turn a blind eye at the gross negligence going on
here, not only on one lot but now two residentially zoned lots.
Can someone in the Maricopa County office please step up and help us take care of this
issue? Any help or guidance would be greatly appreciated. Both our homes and privacy
have been invaded by these two companies that clearly have no regard for the law.
Regards,
Wade Hagarty
From: Tommy Macfarland
To: Valerie Orsulak; Jose Castaneda (PND)
Cc: "Lia Tupita"; whagarty50@gmail.com; "Brian Greathouse"; tarin.jewell@gmail.com;
sean@teamtractor.com;
bill@sombreropainting.com; "Clancy Jayne"; "Jacque Collard"; "Jamie Macfarlane"; "Leslie Chatburn";
"Ricki
Horowitz"; Andres Martin (OBM)
Subject: Case Number Z2021007 - Montana Tractor & Plow Company
Date: Wednesday, July 21, 2021 3:23:30 PM
Yes, thank you for replying to the previous emails. I am Tommy Macfarlane, 25219 N 9th Ave. We also
experienced the 4th of July with obnoxious noise and the blatant disregard for the community as a
whole by the tractor Co. Not really sure how many more emails you would need as all of the neighbors
have expressed their disapproval of the illegal operation that Team Tractor Supply or Montana Tractor
or whatever name they are using this week has been running with impunity for 3 years now. Because
the county has allowed these law brakers to operate, in perpetuity is seems, several more industrial
businesses have moved in next to them and set up shop on residential property as well. There have
been several meetings with the Tractor company and their lawyers with all the neighbors present
expressing their feelings towards the matter. Everyone's disapproval cannot be overstated. I was under
the impression that those meetings and there content were a matter of public record and were to be
presented to the Maricopa County Planning Department objectivity and with impartiality. Was that just
another lie that has been given to my community members to pacify us? Along with the promise of
shorter working hours, no noise, no weekend work, less trash (everywhere), no more new construction
without permits, and the list goes on. The last email explained that we should keep filing code violations
against the property every time we see them. Is this the case. Do we need to just keep making new
complaints on the website you provided? Are there other departments in the county for specific
violations? For instance who takes care of the environmental concerns? Or who do we report bulk fuel
tanks being stored on site directly between a main driveway and the office building? Who should we
send the pictures of the brand new slab that was poured to? When there are a dozen people assembling
tractors in the middle of the night, who do we call to report these violations to? Please help us
understand what is going on.
Last question.
I just re-read the last email stating that you cannot use group emails to track who I opposed to the illegal
industrial operation operating in a residential zone so I will resend this to you with just my email in the
"to" box. Does this mean that all of the neighbors need to do that as well?
Sorry for being so long winded but we do group emails to keep everyone informed at the same time. We
are all very busy and just want to go home to some piece and quite and have had none for many years.
Tommy
From:
Lia Tupita
To:
Jose Castaneda (PND)
Subject:
Re: Z2021007 - MONTANA TRACTOR & PLOW COMPANY -
Date:
Tuesday, August 24, 2021 9:14:03 AM
Hello, we are Lia Tupita and Vasi Tupita , our address is 25113 N 11th Ave, Phoenix AZ
85085.
In 2018 we start our residence home construction, in 2019 we noticed that a business is
developing in back of our backyard. After we moved in our life turned upside down because
and our privacy was invaded.
The tractor noise, banging, metal noise and dust all day long, weekend as well.
We have 3 girls and another one is due in October, the ages are from 8-14 y old, why is this
important ? Because the workers have access to see in our backyard , we do have a 2 feet wall
but is not enough for our privacy.
Beside noise and dust my kids hear cursing and improper music.
Along with the time I collected videos recorded by me to prove everything.
I have numerous of complaints at Maricopa county and nothing change and they continue to
have busses in despite that their activities are illegal and is being a long time and we can’t
understand how is this possible?
Sent from my iPhone
On Aug 9, 2021, at 11:35 AM, Jose Castaneda (PND)
<Jose.Castaneda@maricopa.gov> wrote:
Hello,
I am the Planner assigned to review the subject application for a rezone. I was out of
the office last week and was notified that you had concerns. Please let me know if you
have any questions regarding the subject application. Also note if you would like to
submit opposition to the case I will need you to state that you are opposed to the case.
Please provide your full name and if you would like, please provide your address.
Thank you,
<!--[if !vml]-->
<image001.png>
<!--[endif]-->
<image002.png>
Jose Castañeda
Planner
Maricopa County Planning & Development Department
301 W. Jefferson St., Suite 170, Phoenix, AZ 85003
Desk: 602-506-8358 | Fax: 602-506-3282
Jose.Castaneda@Maricopa.Gov
P&D is now 100% digital. Find information on our new permit process here.
From:
Tarin Jewell
To:
Jose Castaneda (PND)
Subject:
CASE# Z2021007 - MONTANA TRACTOR & PLOW COMPANY
Date:
Thursday, August 26, 2021 11:33:59 AM
My name is Tarin Jewell and I would like to formally submit my opposition to the following request:
Request: Zone Change with Overlay from Rural-43 to C-3 CUPD on approx. 4.7 acres generally
located approx. 350 ft. east of the NEC of Happy Valley Rd. and 11th Ave. alignment in the Phoenix
area.
As a partial owner of one adjacent property, beneficiary of a separate property within 300ft, and future
homebuilder on yet another parcel that directly borders the Montana Tractor & Plow Company, I have
severe and vested concerns in the outcome of this and future hearings regarding the change of zoning
request.
First, I would like to make it clear that I am not in total opposition to the growth happening in this area
along Happy Valley. My family has purchased land and property in this area over the last two decades to
escape the noise and hustle of city life. We own businesses in an industrial part of Phoenix and deal with
the noise and pollution there all day, every weekday. When we leave work, however, we wanted a place
to escape that. We know that the south side of Happy Valley Rd is primarily zoned Commercial and do
not have a problem living across the street from it. Many of our neighbors are small business owners who
keep their business activity quiet and unobtrusive. We don't even complain about the rapid urban sprawl
that has drastically affected traffic on Happy Valley Rd. Ok, maybe we complain about it privately, but
never publicly.
We understand the need for growth and are accepting of many changes that have occured over the
years. BUT, the arrival and activity of the Montana Tractor & Plow Company has caused huge upset and
massive aggravation in our community. From their noise and light pollution to their diesel fumes, dust,
and J-John odors, it has been awful sharing space with them. They do not operate as a retail showroom
with occasional service operations as is their description. They operate almost 24/7 either in facility
maintenance/building or in tractor manufacturing and shipping. This company receives multiple semi-
truck deliveries of tractor and other equipment parts, assembles the tractors and other equipment on-site
using impact wrenches powered by extremely loud air compressors and welding equipment, and then
ships them all back out on more semi-trucks. This happens constantly. The semi-trucks arrive at all
hours of the day and night and their "back up" beeping can be heard echoing all over the surrounding
area. Once the tractors are assembled, there is a lot of scrap metal left over from freight. The large and
very heavy scrap metal piles are picked up high into the air by their machines and dropped into large
commercial sized steel dumpsters resulting in deafening outbursts of noise...again, at any time of day or
night that they choose.
We have met with the owner and his attorney virtually (during the height of covid), and in person to
express our concerns. Each time we are assured that they will change their operating hours and alter
their activities to try to lessen the disruption. I witnessed no such changes aside from them finally not
parking on 9th ave which had blocked access to our properties in the past. I could give numerous
specific examples of the disruption they have caused but really it is just the constant noise, dust. odor,
and lighting that makes it intolerable.
In closing I would like to reiterate that my family and I (as well as our neighbors) bought these parcels of
land and residential properties with the understanding that the south side of Happy Valley Rd was where
businesses like this would operate and the north side was zoned residential and light agriculture. There
is a fair amount of generational wealth tied up in this area. To allow a tractor manufacturing plant to set
up shop on a large unit of land in the very middle of a residential neighborhood is completely astonishing.
There is ample space across Happy Valley Rd. (where all the other commercial businesses operate) for
the Montana Tractor & Plow Company to run its manufacturing business. But I'm sure he didn't want to
pay those commercial real estate prices. So, by building and developing this residential land into an
industrial tractor manufacturing plant and requesting a change in zoning, he is stripping ALL the existing
residential landowners of their generational investments in the surrounding neighborhood. It doesn't seem
fair and it doesn't seem to be in the best interest of the rapidly growing residential community
developments nearby. It makes more sense to keep the residential areas residential and let the
commercial and industrial areas stay that way - there is no need or benefit to combine the two by
rezoning this property.
Thank you for your time,
Tarin Jewell
From:
cornel silasi
To:
Jose Castaneda (PND)
Subject:
case #z2021007
Date:
Friday, August 27, 2021 8:58:23 AM
Hello, Mr. Castaneda
My name is Cornel Silasi. I am writing to you in regards to the property on Happy Valley Rd. I
would like to let you know that we oppose to the zoning change. We recently bought the lot
directly behind this property and have plans to build our dream home. When we bought the
lot we were told by neighbors that the tractor company is only supposed to be operating in
the front as a store and that all of them complained to Maricopa county in regards to them
using all the lots to do other activity that creates a lot of noise and dust. We bought the lot
based on the fact that the current zoning does not allow them to operate what looks like an
industrial company and county/city will do something about it. I attended a couple of the
meetings where none of the neighbors were in acceptance of such change. Please don't allow
this company to continue its activity in the manner its operating now.
Thank you,
Cornel Silasi
602-291-3609
Sent from Outlook
PHOENIX
PHOENIX
N 9th A
ve
Central Arizona
Project Csr
Central Arizona
Project Csr
N 11th A
ve
Happy Valley Rd
210
09
026E
210
09
007C
210
09
032B
210
09
004A
210
09
007E
210
09
026A
210
09
026E
210
09
007C
210
09
032B
210
09
004A
210
09
007E
210
09
026A
210
08
024B
210
08
003B
210
09
004B
210
09
026B
210
09
019
210
09
021A
210
09
033
210
08
024A
210
08
013G
210
09
021B
210
08
003A
210
09
026C
210
09
006
210
09
013
210
08
015D
210
08
020
210
09
020C
210
09
020D
301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601
Document Path: T:\JohnsonS\PlanningandDevelopment\OppositionCases\Z2021007\Z2021007.aprx
DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents
from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form.
www.maricopa.gov/planning
Maricopa County OET, GIS Division, 8/31/2021
110
0
110
55
Feet
Opposition and Support
Z2021007
Subject Parcel
300' Buffer
Supporting Parcel
Opposition Parcel
All Opposition Parcels
300' Buffer Selection
300' Buffer Interior
Eligible parcels: 17
Supporting parcels: 0
Opposition parcels: 6
Supporting parcels sq ft: 0
Opposition parcels sq ft: 302,789.00
Subject parcels sq ft: 204,138.96
All area inside the 300' buffer:
1,055,932.19
All area inside the 300' buffer -
excluding subject parcel,
ROW and excluded parcels:
775,471.30
No-response parcels sq ft: 472,682.30
Super Majority opposed parcel acres:
39%
Super Majority opposed parcel number:
35%
Planning and Development Department
DATE:
September 9, 2021
TO:
Planning and Zoning Commission
FROM:
Jose Castañeda, Planner
SUBJECT:
Z2021007 - MONTANA TRACTOR & PLOW COMPANY
Agenda Item: #3
Since the publishing of the staff report for the subject case, the applicant presented 23
letters of support from residents in the area, and a map showing the location of the
parcels in support of the subject zone change. In addition to the letters of support, the
applicant has provided documentation showing the site had legal access to the fire
hydrant for dust control purposes from September 11, 2019 - 2020 and September 2, 2021
- 2022.
Additionally, the City of Phoenix has provided comments on the subject project, it should
be noted that the City has stated the project is in concert with their General Plan and
have not indicated any opposition to the project.
Shown below are the additional letters of support from residents of the area and the
correspondence from the City of Phoenix.
Attachments:
9/09/21 Letters of Support (23 pages)
9/09/21 City of Phoenix Correspondence (3 pages)
City of Phoenix
200 West Washington Street
Phoenix, Arizona 85003
General Information 602-262-7811
POST THIS PERMIT ON JOB SITE
Before you start to dig, call Blue Stake 602-263-1100
PERMIT
bprp01
STATUS: OPEN
09/02/21
Printed:
To find out about Phoenix construction code adoption news and
to research your permits or projects, please visit
http://www.phoenix.gov/PDD
Planning And Development Department
Permitted Building Construction hours are (non-Holiday weekdays):
6:00 a.m. and 7:00 p.m. from May 1 to September 30
7:00 a.m. and 7:00 p.m. from October 1 to April 30
WSHM
Permit #
21029665
02-SEP-2021
Issued
Expires
QS 47-26 V 402 13TH AVE & HAPPY VALLEY R
Permit Description
21-18
Project
2021 FIRE HYDRANT METERS
Description/Scope of Work:
Owner Information
EPR
Permit Issued By
JBL3
Entered By
BACKFLOW
Inspections Required:
NOTICE - This permit authorizes the above described work to be done in accordance with the approved plans and all applicable City codes
and ordinances. Plan approval and permit issuance does not authorize violation of any city code or ordinance. The contractor(s) doing the
work and the property owner or tenant/occupant authorizing the work are all legally responsible for complying with all codes and ordinances.
By applying for this permit, I am requesting and hereby consent to periodic inspections of the above referenced project in accordance with
Arizona Revised Statutes, Title 9, Chapter 7, Article 4. This permit shall expire on the expiration date printed above. Work after this time or
beyond the scope of this permit requires a new supplemental permit. This permit can be suspended or revoked for failing to follow the
approved plans or for violation of any City code or ordinance. Work within the public right-of-way shall comply with all City standard details
and specifications. The contractor is responsible for maintaining streets and sidewalks safe and usable at all times. All barricades shall be
approved in advance and shall comply with the City Traffic Barricade Manual.
Address
WATER SERVICES HYDRANT METER
Contractor Information
Name
Instructions and Comments
*** CONSTRUCTION USE FOR:***
VALVE: 402
HYDRANT KEY:
QS: 47-26
AUTHORIZATION TO USE CITY WATER FROM THE PUBLIC HYDRANT LOCATED AT:13th ave and Happy Valley rd 1100 WEST HAPPY VALLEY
ROAD
THIS METER PERMIT IS ISSUED FOR A TEMPORARY WATER SERVICE FOR A SPECIFIC JOB AND IS NOT INTENDED TO SERVE THE NEEDS OF A
CONTRACTOR ON A CONTINUOUS BASIS. THIS CONTRACTOR HAS NO AUTHORITY TO RELOCATE OR REMOVE THE METER. FOR REMOVAL OR
REPAIR, NOTIFY THE METER SHOP AT 602-495-0225.
ALL CHARGES ARE DUE AND PAYABLE WHEN RENDERED AND SHALL BE DELINQUENT 15 DAYS AFTER DATE BILL IS RENDERED. AFTER
DATE OF DELINQUENCY, THE METER IS SUBJECT TO REMOVAL, THE SERVICE TERMINATED AND THE DEPOSIT FORFEITED.
A REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION ASSEMBLY (RP) IS REQUIRED FOR ALL CONNECTIONS TO A FIRE HYDRANT
PRIOR TO USING HYDRANT WATER AS REQUIRED BY CITY CODE CHAPTER 37 AND 2006 UNIFORM PLUMBING CODE SECTION 603.3.11. THE RP
ASSEMBLY SHALL BE INSTALLED AND SUPPORTED PER THE CITY STANDARD DETAIL P1356 OR THE ALTERNATE SUPPORT DETAIL WHEN IT IS NOT
PRACTICAL.
THE BACKFLOW ASSEMBLY MUST BE TESTED AND CERTIFIED BY A BACKFLOW ASSEMBLY TESTER AT THE TIME OF INSTALLATION. FOR
INFORMATION, CALL 602-534-2140. AFTER TESTING AND CERTIFICATION OF THE ASSEMBLY, AN INSPECTION SHALL BE REQUIRED BY CALLING
602-495-0800 (CALL BEFORE 8 PM FOR NEXT DAY INSPECTION), USING CODE "217" FOR INSPECTION TYPE. THE BACKFLOW TEST
CERTIFICATION REPORT SHALL BE MADE AVAILABLE TO THE CITY INSPECTOR AT THE TIME OF THE INSPECTION.
0 S 0 E 0 N 0 W Q-S: Q3-19 ZONING: C-2
Address
Call 602-495-0800 or go online to www.phoenix.gov/BUSINESS before 8PM to request for a next day inspection
02-SEP-2022
NONE
Certificate of
Occupancy Type:
$0
Valuation:
Phone
Address
OWN
Type
OWNER
Name
Contact Phone
City/St/Zip
none
Ins
01-JAN-25
Exp
Zoning
2966040
Web Insp Key
Permit Categories:
Suite
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 1 of 21
MINUTES OF THE REGULAR MEETING
OF THE
PLANNING AND ZONING COMMISSION
September 9, 2021 Gotowebinar.com
9:41 a.m.
Phoenix, Arizona
_____________________________________________________________________________________
MEMBERS PRESENT:
Mr. Greg Arnett, Chairman
Mr. Jay Swart, Vice Chairman
Mr. Kevin Danzeisen
Mr. Matt Gress
Mr. Erik Hernandez (left at 11 a.m.)
Ms. Kate McGee
Mr. Lucas Schlosser
MEMBERS ABSENT:
Mr. Jimmy Lindblom
Ms. Francisca Montoya
STAFF PRESENT:
Mr. Tom Ellsworth, Planning and Development Director
Mr. Darren Gérard, Planning Services Manager
Ms. Rachel Applegate, Senior Planner
Mr. Ray Banker, Senior Planner
Mr. Jose Castañeda, Planner
Ms. Rosalie Pinney, Recording Secretary
COUNTY AGENCIES:
Mr. Wayne Peck, County Attorney
Mr. David Anderson, Business Engagement Manager, OET
Ms. Alisha Bach, Technical Team
CONSENT:
Z2020099, Z2021058
REGULAR:
Z2021007, TA2018001
Chairman Arnett made the standard announcements and asked if there were any
changes or comments to the minutes for July 8 and July 22. None.
COMMISSION ACTION: Vice Chair Swart motioned to approve the July 8, 2021 and July
22, 2021 minutes as written. Commissioner McGee second. Approved 7-0. Ayes:
Arnett, Swart, Danzeisen, Gress, Hernandez, McGee, Schlosser.
CONSENT AGENDA
Zoning - Z2020099
District 5
Project name:
All Trucks Auto Parts
Applicant:
Raad Salih – Saif Engineering LLC
Request:
Zone Change from Rural-43 to IND-3 IUPD with a Plan of
Development (POD) for large truck repair and part sales business
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 2 of 21
Location:
Generally located approx. 2,769’ southwest of the SWC of 35th Ave.
and Broadway Rd. in the Laveen area
Zoning - Z2021058
District 2
Project name:
Lewellen 1.25 Industrial
Applicant:
Jessica Sarkissian, Upfront Planning & Entitlements, LLC
Request:
Zone Change with Overlay from Rural-43 to IND-2 IUPD with a Plan of
Development (POD)
Location:
Generally located 1,425 ft. east of the SEC of Hawes Rd. and
Mesquite St., in the Mesa area
Mr. Gerard presented the consent agenda.
Chairman Arnett asked if anyone wished to speak on the consent agenda. None.
COMMISSION ACTION: Commissioner Gress motioned to approve the consent agenda,
Z2020099 with conditions ‘a’-‘h’ and Z2021058 with conditions ‘a’-‘i’. Commissioner
McGee second. Approved 7-0. Ayes: Gress, McGee, Schlosser, Hernandez, Danzeisen,
Swart, Arnett.
Z2020099 conditions;
a.
Development of the site shall be in substantial conformance with the
Narrative Report entitled “All Trucks Auto Parts”, consisting of 4 pages,
dated August 16, 2021, and stamped received August 20, 2021 except as
modified by the following conditions.
b.
The following Planning Engineering conditions shall apply:
a.
Broadway is in the jurisdiction of the City of Phoenix. At the time of
acquisition of building permits, the applicant shall obtain any and all
permits that the City requires for work within Broadway Road right-
of-way.
b.
Engineering review of rezone cases is for 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.
c.
The following IND-3 IUPD Zoning District standards shall apply:
1.
Uses Permitted – All uses are prohibited except for the following uses:
heavy vehicle, truck, semi-truck, and automobile repair; on-site
storage and sale of vehicle, truck, semi-truck and automobile parts;
and; accessory buildings and uses customarily incidental to the
above listed uses.
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 3 of 21
d.
A Plan of Development is approved subject to site plan entitled “All Trucks
Auto Parts” consisting of 2 full-size sheets, dated July 22, 2021, and stamped
received August 19, 2021. The Plan of Development may be amended
administratively under separate application as long as the amendment
complies with the established IUPD development standards as approved
by the Board of Supervisors.
e.
A will serve letter for fire and wastewater shall be required prior to receiving
approval of construction permits.
f.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa
County Zoning Ordinance.
g.
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.
h.
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, and at the time of
expiration of the Zone Change, 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, or
the expiration of the Zone Change, 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 or expiration of the
Special Use Permit. 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.
Z2021058 conditions;
a.
A Plan of Development is approved subject to site plan entitled
“Construction Yards for Rusty & Allyson Lewellen,” consisting of 1 full-size
sheet, dated July 6, 2021, and stamped received July 9, 2021. The Plan of
Development may be amended administratively under separate
application as long as the amendment complies with the established IUPD
development standards as approved by the Board of Supervisors.
b.
Development of the site shall be in substantial conformance with the
Narrative Report entitled “Rezone and Industrial Use Permit (IUPD)
Application for 20221 E. Mesquite Street, Mesa, AZ,” consisting of 6 pages,
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 4 of 21
dated July 2021, and stamped received July 9, 2021, except as modified
by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Septic facilities not shown. When submitting the plans for a building
permit include the septic facilities on the plans. Maintain a minimum
25 ft. separation between septic facilities and the underground
retention.
2.
E. Mesquite Street is along a midsection alignment requiring
preservation of 40 feet half width future right-of-way per Maricopa
County Zoning Ordinance Section 1105 per email by MCDOT
Planning, Lynndsay O’Neill (lynndsay.oneill@maricopa.gov).
3.
E. Mesquite Street north half is within jurisdiction of the City of Mesa.
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.
The site is accessed through a series of public and private easements
that comprise 202nd Place. 202nd Place has not been accepted by
the County; and is therefore not maintained by the County.
5.
The subject site is not located within the County’s Urbanized Area
and thus will not require a Storm Water Pollution Prevention Permit
(SWPPP) from the County. This does NOT preclude the requirement
to obtain a Construction General Permit (CGP) Notice of Intent to
Discharge (NOI) from the State (ADEQ), as may be required.
6.
Retention basin(s) underground storage must drain within 36 hours.
7.
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.
d.
The following IND-2 IUPD standards shall apply:
1.
Front yard (north): 0 ft.
2.
Outdoor material storage may exceed the height of the enclosure,
but shall not exceed 12 ft. and outdoor vehicle storage may not
exceed a height of 40 ft.
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 5 of 21
e.
The IND-2 IUPD overlay is applied to restrict the use of the site to allow an
office/warehouse storage building and outdoor contractor material
storage yards.
f.
Prior to issuance of a building permit, written confirmation (i.e. “will serve”
letter) 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.
g.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa
County Zoning Ordinance.
h.
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.
i.
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 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.
REGULAR AGENDA
Zoning - Z2021007
District 3
Project name:
Montana Tractor & Plow Company
Applicant:
Brian Greathouse, Burch & Cracchiolo
Request:
Zone Change from Rural-43 to C-3 CUPD
Location:
Generally located approx. 350 ft. east of the NEC of Happy Valley
Rd. and 11th Ave. alignment in the Phoenix area
Mr. Castañeda presented Z2021007 and noted the applicant is proposing to rezone the
site in order to allow the existing use of the property for equipment sales and service of
tractors and other agricultural implements. The applicant also applied for a Commercial
Unit Plan of Development (CUPD) overlay as part of the zone change in order to request
certain variations to the development standards and restrict the uses on the site to only
allow farm related equipment and sales. There is an active violation on the property for
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 6 of 21
the existing use of land without the proper zoning entitlement, and development of the
site without the benefit of issued construction permits. Staff received 7 letters in opposition
representing 8 individuals, and 24 letters of support. Seven of the opposition letters are
from those located with 300 feet of the site with concerns of the business generating
excessive noise, traffic, and privacy concerns with the business activity adjacent to the
residences. The applicant has worked with the community to address some of the
oppositions concerns. The CUPD overlay is being applied to restrict the use of the site
and to require 8-foot high screen walls and a 10-foot landscape buffer, and pavement
to address dust control. Since the printing of the staff report, the applicant has provided
additional letters of support. The surrounding area is partially undeveloped with mixed
uses: low-density, single-family residential, low intensity commercial uses, and light
industrial uses. The site is in access to an arterial road. The City of Phoenix provided
comments - the use is consistent the city general plan and did not oppose the request.
Staffs opinion the use is consistent with the development patterns in the area and the C-
3 CUPD zoning is appropriate. There are concerns on this site; the property owner has
continued to develop the site without zoning entitlements or building clearances despite
receiving the violation notification in November 2019. Staff has worked with the
applicant to bring the site into compliance by extending compliance deadlines and
suspending fees while they obtain the appropriate entitlements. The property owner
continues to exacerbate non-compliance on the site contrary to the direction from staff.
Since November 2019, the development on the site has steadily progressed. The patent
easement was designated employee parking and walkway restricting the use of the
patent easement to the adjacent property owners. The City of Phoenix believes the use
is appropriate and the development patterns in the area seem to align with these types
of uses. There are some light industrial uses in the area, but there is some friction with
industrial uses / commercial uses in an area with a mix of low-density residential. Staff is
recommending approval as conditional zoning with a POD and commercial construction
permits to be completed within six months of Board approval or the zoning may be
considered for revocation.
Chairman Arnett asked about the annexation and if the other properties are
commercial. Mr. Castaneda said the application to annex was received by the City of
Phoenix in August. The applicant is trying to annex but they have violations with the
County. The only way to address the violation and potentially annex is to receive the
entitlements to bring the site into compliance with building permits and the approved
plan of development, or return the site to its natural state and then process the
annexation through the City of Phoenix.
Commissioner Gress asked has this applicant been a bad actor. Chairman Arnett said
there is a violation case and that is why we are here.
Mr. Ellsworth said there is an open violation and there is a compliance agreement. The
applicant needs to get into compliance by getting the zoning in order before we can
work with them on the site issues and building permits. The reason for the tone of the staff
report is the apprehension, the site has not progressed very well to date and we are
conditioning this to 6 months. If not, they would be back for revocation of that zoning.
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 7 of 21
Commissioner Gress said according to the staff report there was a violation notice in
November 2019 and the property owner applied for a pre-application meeting in May
2020 and were advised to rezone. Then nothing happened until the next year and during
that time, the property owner continued to exacerbate the non-compliance on the site
contrary to the direction of staff and contrary to the proposed project information
contained in the narrative report. There was an additional site inspection last month and
the site continues to extract water without consent from a nearby fire hydrant, which may
affect fire services in the area. This sounds egregious that they can be jeopardizing the
safety of a nearby community by siphoning water off a fire hydrant. He is alarmed by
the behavior of this applicant. We have rules in place so we can all work together to
share land and neighborhoods together, and this is a continual march for this applicant
to do whatever they want with this parcel of land disregarding the rules we have in place
as a functioning society.
Mr. Brian Greathouse said he is with Burch & Cracchiolo representing the applicant. He
was involved in this case in early February 2020 and there were existing violations. They
met with County and entered into a compliance agreement with certain critical dates,
and we had our pre-application meeting in May 2020. One of the comments in the
meeting was to explore annexation with the City of Phoenix. In August 2020, we went
through the re-zoning pre-application process with the city and a month later, they went
through the site plan pre-application process with the city. They wanted us to engage
surrounding properties to annex a larger area rather than just one property. At that time,
there were no properties adjacent to us that wanted to annex in the city. We went back
to the county and filed a zone change application. We had to hire an architect and
survey the property to show what improvements were already out there. We also had to
get topography on the site and engage a civil engineer, which took time and occurred
during the year of COVID making it hard to get things done. It took us until early 2021 to
file our application. We had three reviews with county staff and three separate meetings
with neighbors one being virtual and two others on site. The only difference on site
between the 2020 and 2021, the owner laid down ABC material on the whole site and on
9th Avenue to cut down on the dust issues. He also installed a concrete pad, which he
should not have done. In our first virtual meeting, the ABC material was suggested by the
neighbors to help with all the dust, so the ABC material was part of that solution. His
employees would not park along 9th Avenue but the employee parking sign remained.
There is no parking there. He is hoping that clears up what challenges they went through
to date.
Chairman Arnett said some commissioners have not had time to go through all the recent
information provided.
Commissioner McGee said she did not like the late submission of information received
late yesterday afternoon including documentation from the City of Phoenix that granted
access to the fire meter for dust control. They had that for two or three years. The
complaints she is reading from the neighbors is of continuous dust. The employee hours
were to be from 8 a.m. to 5:30 p.m. and the neighbors are saying they are there all night
long. This is a massive case of beg forgiveness opposed to ask for permission. She would
like a continuation in this case to have the opportunity to review the support letters with
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 8 of 21
all identical letters signed by different people living in the area and from businesses
operating in the area.
Chairman Arnett asked if the applicant would like more time to address some of these
concerns.
Vice Chair Swart said, he is urging the applicant to continue this case. There are so many
things going on with this case and he agrees with Commissioner Gress and Commissioner
McGee’s statements.
Commissioner McGee said the continuance would be to construct additional
requirements and guardrails that we might conceivably grant going forward. She wants
to clear up what is going on with the City of Phoenix annexation application. This should
not come back with the same proposal it would need to have additional guidelines.
Mr. Greathouse said his client is okay continuing this case and he wants to do things right
and knows he made some mistakes in the past. They would like to proceed with the
presentation since he has a lot of information that was not included in the staff report
and feels this would be very helpful for the commission. Then if the continuance is still
recommended, we would be fine with that.
Mr. Peck said if he makes his presentation, the absent commission members would have
to review the record where they may or may not have an opportunity to do. You could
run into an issue when this comes back to hearing and there could be issues to how many
are eligible to vote.
Vice Chair Swart said, he is adamantly against hearing his presentation.
Commissioner Gress said he does not support giving the applicant time to present on a
flawed application.
Chairman Arnett said this is a public meeting and he has the right to present if he wants
to and he will leave that decision to the applicant.
Commissioner Gress said he moves to table this case. Mr. Peck said it is a motion to table
and it is not debatable.
Commissioner McGee asked is this to a certain date and time when it would come off
the table. Commissioner Gress said it would be delayed until the Chair brings it back. It
is tabled for this meeting.
Mr. Peck said a motion that is tabled comes off the table by vote of the commission. Any
commissioner can bring it up at any time because of open public meeting laws. He
recommends if a commissioner proposes it come off the table at a particular meeting
that staff be advised so the agenda could reflect that.
Mr. Gerard asked would it be easier for those online to understand if the motion were for
an indefinite continuance, then we would have a new public notice before it comes
back to the Planning and Zoning commission.
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 9 of 21
Mr. Peck said there is a procedural problem with that, a motion for continuance is
actually an action. Unless the applicant consents, it would not be an order until he has
made whatever presentation he wishes to make. The motion to table is always an order.
The chair could ask the maker and the seconder of the motion to withdraw their motion.
Until you ask the applicant if he is going to consent to a continuance in light of what he
has heard then you could do it to a date specific.
Chairman Arnett asked could the motion be rescinded in order to speak with the
applicant about an indefinite continuance. Commissioner McGee said she calls the
question.
Mr. Peck said a motion to call the question is really a motion to end debate. Since there
is no debate on a motion to table there is no need to call the question. Commissioners
Gress and Swart were asked if they would withdrawal and they have not. The proper
procedure is to proceed with a vote on the motion to table.
COMMISSION ACTION: Commissioner Gress motioned to table Z2021007. Vice Chair Swart
second. Tabled 6-1. Ayes: Gress, McGee, Schlosser, Hernandez, Danzeisen, Swart;
Nays: Arnett.
Commissioner Hernandez left the hearing early at 11:00 a.m.
Text Amendment - TA2018001 (Cont. from 8/5/21)
All Districts
Applicant:
Joseph White, Becker Boards Small, LLC
Requests:
Text Amendment to amend Chapter 2, Definitions, Section 1112.7.1,
Section 1301.1.21, and Chapter 14, Articles 1403 and 1404 of the
Maricopa County Zoning Ordinance (MCZO) relating to Off-Site
Advertising Signs (Billboards)
Mr. Banker presented TA2018001 and noted this is an applicant proposed text
amendment for Offsite advertising signs (billboards). This text amendment was previously
discussed at the June 17, 2021 ZIPPOR meeting and was continued by the Commission
to allow the applicant more time to address concerns and to revise the proposed
language. This proposal has been around for more than 3 years with many revisions to
the proposed text being reviewed, with stakeholder and ZIPPOR meetings held, and the
entire amendment being indefinitely continued in 2019 until earlier this year. The major
changes from the last ZIPPOR meeting will give staff’s perspective for support of the
proposed language with recommended changes as discussed within paragraph 12 of
the staff report. The applicant has added language since the last ZIPPOR meeting to
the first definition that would prohibit new billboards on future freeways within the County.
This also contains scenic corridor language to include both the regulatory overlay districts
within the zoning ordinance along with the policy document areas. No billboards are to
be allowed within the scenic corridor areas with this text amendment. More definitions
including static and digital billboards are proposed changes to language within Section
1112.7.1 of the zoning ordinance - bottom mounted lighting to be in conformance with
Article 1112.3.2 regarding top down, fully shielded lighting. Staff agrees with this proposal,
we see issues with requiring conformance within 6 years if the TA is approved for signs that
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 10 of 21
meet legal non-conforming standards. Staff recommends revised language would
require downward lighting for any new or altered signs at the time of permitting and not
conflicting with existing signs with legal non-conforming status. Another change since
the previous version of the proposed text amendment language is the inclusion of
updates to Section 1301.1.21 regarding the Special Use Permit process for conversion of
legal non-conforming signs to digital. The previous version had a proposed Conditional
Use Permit process to be sent directly to the Board of Supervisors after staff review. The
newly introduced Special Use Permit process would require the requested conversions to
go through the legislative process through public hearings, which includes the
Commission as a recommendation body to the eventual Board of Supervisors for
consideration. Proposed changes to Article 1403.3 as it pertains to billboards within
commercial (C-2 & C-3) zoning districts. Staff notes the need for the proposed radial
versus the existing linear separation distances, which would remove the need for
interpretational determination of street orientation as it relates to existing and new
signage. The separation distances of 3,000’ or 1,000’ depending on proximity to
municipality would be maintained. Since the last version of the text, the applicant has
removed the proposed 500’ separation distance language for proposed digital
conversions. The proposed setback changes to 0’ from property lines with certain
restrictions for residential zoning and uses. This would keep the minimum 500’ separation
distance from parks, schools, and roadside rest areas as it is in the ordinance language
today. The scenic corridors, which would be defined to include both regulatory and
policy scenic corridor areas and further clarifies that no billboard shall not only be
prohibited from being erected within scenic corridors but also within 660’ of these scenic
corridor areas. Proposed development standards include increased height and sign
area for billboards located within 300’ of a freeway. All other billboards would need to
meet the current standards of maximum 300 sq. ft. in area and maximum 30’ in height.
Updated diagrams and exhibits as well as inclusion of the military zoning overlay
requirements should that be a factor depending on the site or sites involved. Digital
billboards are currently not allowed per the County zoning ordinance. A major change
since the last ZIPPOR meeting is that the applicant has restricted digital billboards to only
freeways, so no arterials, not even highways would allow digital per this text. The
changed language would require technology features with horizontal and vertical
louvers as well as downward angled LED’s to help minimize additional light pollution near
residential areas. This is continuation of the proposed digital billboard text language with
general provisions and any new billboard whether static or digital would need to meet
the requirements of Article 1403.3 of the zoning ordinance. Legal non-conforming sign
modifications or conversions to digital would require the Special Use Permit process. The
industrial zoning district billboard section to be subject to all requirements as the
commercial zoning districts. The two exhibits within the staff report are scenic corridor
locations across the County. The applicant provided map from darksky.org showing
large portions of Maricopa County as being within the green area which represents
allowance of Electronic Message Centers or digital signs per state statutes. The other
starred and yellow areas near Tucson and Flagstaff extending to the northern parts of the
state represent major astronomical observatories as well as International Dark Sky areas.
The opposition includes concerns with lighting, dark skies and scenic views, drivers safety,
lack of public inclusion, input during hearing process, energy use, property values, larger
and taller signs, and general oppositions to billboards. Staff has over 1,000 pages of
opposition, support, and other comments, and staff understands the concerns by the
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 11 of 21
opposition. Digital billboards would be allowed if this text amendment were approved,
and be limited only to freeways. Increase in height and size would also be restricted to
being along freeways, and will not be allowed within or adjacent to Scenic Corridors and
any new freeways in the future. Newer technology including horizontal and vertical
louvers, downward angled LED’s for mitigation of light trespassing to nearby residential
properties would be required. A radial separation requirement instead of existing linear
would eliminate determination and interpretational issues. Conversion to digital of
existing legal non-conforming billboards would require obtaining a Special Use Permit
through a public hearing process. There would be a requirement for all new and altered
illuminated billboards to have downward lit and fully shielded lighting.
Chairman Arnett asked should this text amendment carry forward, a legal non-
conforming billboard needs a Special Use Permit and the discretion of the Board of
Supervisors. Mr. Banker said any conversion of legal non-conforming to digital would
require the Special Use Permit process; otherwise, all other billboards would need to meet
the current standards if the text amendment is approved without any further entitlement.
Commissioner Danzeisen said he has a conflict with this case and is recused.
Chairman Arnett asked if we would lose our quorum. Mr. Peck said we have enough
members and the fact he has to leave because he is recused does not affect the
quorum.
Commissioner Gress asked do we need a majority of the 10 commissioners to approve
these things or a majority of commissioners present when voting. Mr. Peck said it is the
majority of those voting.
Mr. Bill Lally with Tiffany and Bosco said he is here representing the applicant. The
application was submitted in 2018 and we had series of meetings at the County and all
of the industry professionals, the dark sky groups, and the New River/Desert Hills interested
parties. We made a number of changes to this text amendment in response to their input.
When this started there was a number of things staff wanted changed to the overall
zoning code. In that process, we inserted a number of things that really brought the code
up to today’s standards. Prior to this, we did a number of variances and legislative
changes to height and size to accommodate areas where they are harder to see.
Maricopa County’s development standards for billboards is the only one of its kind in the
entire valley. Every other city in this valley has billboard allowances to allow billboards to
go up to 48 feet by right and 70 feet in some areas, 14’ x 48’ as the standard size. Bringing
the county zoning code to the new standards made a lot of sense. We went through the
process to initiate a process to allow for digital billboards. Every other municipality in the
valley allows billboards, and allows digital conversion and digital billboards by right. Every
city has a little different process, and the state statute allows cities to delegate things to
a Board of Adjustment and to a non-legislative body. Many cities including the City of
Phoenix process digital conversions through a non-legislative body. The Special Use
Permit process has been in place at the County for many years, it is a tool to allow large
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Meeting of September 9, 2021
Page 12 of 21
uses like airports, cell towers, and large storage facilities. It is a legislative process and
sends public notices out to surrounding property owners within 300 feet, reports and
reviews, commission hearing and Board of Supervisors hearing. We chose that as the
appropriate process for digital conversion because it is one of the few processes that are
not geared toward like a zoning case residential to commercial. The SUP process made
the most sense. There is a new louver and LED technology; it is a shielding technology
to direct the image from a digital billboard to the viewing public along the freeway. It will
prevent and shield light from spilling into areas we don’t want it to go like adjacent
properties and direct the light to the intended audience on the road. One of the biggest
changes is radial distancing, a measure of separation from other billboards. A radial
circle will be drawn around the billboard, a thousand feet in all directions. New billboards
would have to maintain that separation. We took all of the scenic corridors that are
referred to in policy documents and put this in the ordinance to say no billboards in those
scenic corridors. Not just no digital billboards, but no billboards. This is a huge change to
where billboards can and can’t be located by trying to protect the sensitive areas in
response to a lot of the comments from the dark sky community. No billboard shall be
erected in or within 600 feet of a scenic corridor. Many letters in opposition have come
in with concerns of degrading existing neighborhoods in central Phoenix area. These
billboards are not within those neighborhoods and will be on arterials. They are existing
billboards along the freeways and within 300 feet and subject to the digital conversion.
This code does allow for billboards to get taller and bigger similar to what every city in
the valley is doing. A majority have already received variances and/or allowances
through zoning cases. It restricts scenic corridors and newly built freeways, SR30 and
corners of intersections. The digital conversion will go through a public hearing process
similar to any kind of a land use with an SUP. It also restricts it to only freeways. There was
a section to limit the separation for legal non-conforming billboards; less than 1,000 feet,
but it was removed. If driver safety and distraction was a massive issue, why did every
city in the valley and the state of Arizona allow for digital conversions of billboards if it is
a massive problem? He does not know of any local study that demonstrates a public
concern. This code is beneficial, it brings things to be consistent with all of the other cities
in the valley, and it mandates a technology that no other city in the valley has mandated
to help mitigate the light. It will provide a public process when the conversions happen.
Mr. Matt Anderson said he a technical resource to the applicant and is available to
answer any questions.
Mr. Cheng Qian said he is the inventor and technology engineer for this product and he
is available to answer any technical questions or clarify any concerns with the
technology.
Mr. Claude Haynes said he is the manager of the Gilbert Rotary Sentinel Observatory and
member of the East Valley Astronomy Club. There is misconception of the text of this
proposed amendment, the diagram on page 5 that shows billboards at 300 square feet
is not the norm. All of the billboards along the freeways are greater than that size. Becker
Boards has eight signs in Sun City and El Mirage not near the freeways. Almost all of the
arterial signs nearby are greater than 300 square feet and have been allowed for a long
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Meeting of September 9, 2021
Page 13 of 21
period. The current digital billboards from Becker Boards are 672 square feet, and the
mass majority of static billboards with 80 in Becker Boards inventory are the same size. This
is not about increasing size it is about normalizing large billboards. This is an outrageous
attempt to allow signs greater than 301 square feet. Almost the entire inventory of Becker
Boards and other sign companies especially along the freeways go dark after midnight.
This wording should not be replaced with a free pass to be non-compliant for six years.
This is a prime example why ordinances written by vendors to control their own industries
must be carefully reviewed. Do not legalize bad behavior and do not accept the
recommendation to strike out a current lighting requirement that is beneficial to the
community. Most static billboards are non-compliant and are lite from below, and if the
standard lighting is from above why are Becker Boards continuing to be permitted with
non-compliant lighting. He encourages the Commission to include wording to require all
new signs to be conforming and not to continue to approve non-compliance as the
norm. Becker Boards has almost 90 static billboards currently along the freeways. He
encourages the Commission to consider the impact of density and congestion of
billboards and not simply convert them or not.
Mr. Mark Falzone said he is the president of Scenic America based in Washington D.C.,
our mission is to preserve and enhance the visual character and scenic beauty of our
country, and we advocate for all people and communities. One of the worst aspects of
digital billboards is the dangers to drivers and pedestrians, making roads more dangerous
by creating harsh lighting and distracting electronic imagery that impairs drivers putting
lives at risk. Digital billboards create dangerous and unavoidable driver distractions by
design for the purpose of driving the attention away from the road and towards the
advertisements. Human error is the leading cause of traffic accidents, and lawmakers
want to reduce driver distraction by enacting laws like banning cell phone use while
driving. The industry actually lead the efforts because they realized their products were
distracting. Many studies indicate that digital billboards create similar distracting
conditions. Veridian Group specialized in the research study are an independent group
leading researchers in digital billboards and distracted driving. They evaluated 27
different high quality studies and demonstrated there is conclusive evidence that digital
billboards contribute to distract driving. Billboards are a harmful form of scenic blight with
significant negative impacts. Research indicates billboards reduce property values for
nearby property owners causing economic harm to the surrounding community.
Dr. Rolf Jansen said he is a professional astronomer, and even the best digital billboards
with the newest technology emit light above the horizontal. Light emitted near and
above the horizontal is scattered many times in the atmosphere and reaches distances
well over 100 miles away making this kind of light pollution a regional issue. It affects not
just Maricopa County but all of the neighboring counties, which requires coordination
with multiple counties involving all stakeholders. Conversion of traditional billboards to
larger, higher and brighter digital boards increases the prominence of the light of the
Phoenix metropolitan area. Astronomy, planetary scientists and space scientists
represent a capital investment in the Arizona economy of more than a billion dollars, and
stargazing is in an excess of 250 million dollars a year. Arizona has the largest optical
telescope in the world. This industry brings in federal and international funding to Arizona,
and is contingent on the assumption of long-term local protection. The Arizona state
legislature in 2012 included certain state protections and placed protection on digital
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Meeting of September 9, 2021
Page 14 of 21
billboards. In other parts of the country, operators are required to remove 6-10 existing
billboards as a public benefit in order to erect or convert to one digital billboard. To
compensate for the brightness, larger and brighter electronic boards should require
removal of a large number of existing billboards. The present language omits any of
these requirements and limits the opportunity for public comment and oversight, and fails
to involve neighboring governments who are stakeholders in this issue. He urges rejection
of this text amendment; it is not in the best interest of Maricopa County residents.
Mr. Tristahn Schaub asked whom does this request serve. He said billboards are
dangerous. When you approach a military checkpoint, the first thing they do is flash a
light in your eyes this is to disarm and disorient, and to draw attention to the checkpoint.
The applicant claims this is the wave of future. Is looking at a cell phone while driving a
good idea, but then allow a 14’x48’ display placed on roadways. These billboards are
meant to distract drivers. In a study showing safety impacts on digital billboards, when
the billboards were covered or removed accidents declined by 30 to 40 percent. When
they put them back up they increased by 30 to 60 percent. The Arcadia/Camelback
Association requested from the Phoenix police department digital billboard distraction
accidents within our boundaries. Specifically on 44th Street and Camelback where there
are no digital billboards, 44th Street and Indian School where there are existing billboards.
Digital advertising corresponds to a great number of vehicular accidents on average
and the relative rates are increasing each year from 10 percent more in 2018, 30 percent
more in 2019, and 57 percent more in 2020 comparing those two intersections. Both
arterials, similar streets and in their neighborhood. At both of these intersections the lights
cycle first for left turning traffic followed by thru traffic. This is a 38 percent increase in the
number of left turn accidents between the digital intersections verses the non-digital
intersection. These local billboards are dangerous. He asked the Commission to adhere
to the same legislation that applies to cell phones to put these things down, and the
darker areas are dangerous at night when lite up. This only serves the digital billboard
companies to get digital displays placed in areas before being annexed.
Mr. Richard Green said he is an astronomer at the University of Arizona, and assistant
director of the Astronomy program. He is speaking on behalf of the Arizona Astronomy
Consortium, which represents all the professional observatories in Arizona. We have
major concerns with the proposed text amendment because of the technology to
replace conventional illuminated billboards with digital billboards. He acknowledges
they are installing state of the art technology, however in the picture the top profile of
the light goes above horizontal. Light is projected outwards, not as if it is reflecting external
light off a board, a third of the light goes above horizontal. The louvers cut the top angle
down in half from 30 degrees to 15 degrees. That light that is projected directly just above
horizontal travels the farthest in the atmosphere. It contributes directly to the sky glow
above the observatory up to 200 hundred miles away. Most counties do have regulations
to control light trespass in the skyward direction. The core of those regulations are fully
shielded fixtures, which means no light is directed above horizontal. Even though this
proposal has the best current technology, if you legalize it you are taking a step 50 years
backwards in protection of Arizona’s valuable resource of a dark night sky by saying it is
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Meeting of September 9, 2021
Page 15 of 21
okay to have lights that are not fully shielded. The sky glow above Maricopa County
impacts telescopes throughout our whole state, Flagstaff, Tucson, even Mt. Graham with
the world’s largest telescope. This text amendment runs counter to the needs of one of
the most visible and high impact industries in the state of Arizona, professional astronomy.
Commissioner Gress asked if he is representing the astronomers in Arizona. Mr. Green said
the professional observatories with the large professional telescopes located on the
mountain sites.
Commissioner Gress asked do you believe the observatories will be closed and not
function because of the digital billboards. Mr. Green said they could be subject to
closure, and there is potential for growth in this industry by building new telescopes, but
that depends on external investors perception of the willingness of local governments in
to cooperate trying to control the growth of the light in the sky of artificial light.
Mr. Larry Whitesell said Mr. Lally said every city has approved digital billboards, which is
incorrect. A letter from the Town of Gilbert said offsite commercial signs/billboards are
prohibited in the Town of Gilbert and they concerned about the number of county islands
in Gilbert. We all live and drive through Maricopa County and care about the quality of
life, and we care about issues either we support or oppose. Much of the conversation is
about 50+ existing billboards that could convert to digital, but the text amendment would
allow the addition and installation of new billboards in areas where they do not exist
today. There has been many iterations of this text amendment, and it is confusing
because the iterations are not dated. It would be helpful if we knew when each of these
iterations were issued so we would have current information. There is a lot opposition
from the stakeholders and this text amendment should be rejected and drafted by all
stakeholders not just a single billboard company. His biggest concern is the distancing;
separation requirements and setbacks are inadequate and are less restrictive than the
current language. Most cities and towns require at least 500 feet from residential. He is
also concerned about the southern part of the county along State Route 85 and I-8,
where these scenic areas are not designated scenic corridors.
Mr. Neal Haddad said many of professionals and hundreds of residents have voiced their
opposition to this proposal. These are decisions that will have a generational impact.
There has been no discussion about take down boards in exchange for putting up a
digital face, and no discussion with brightness levels or messages. The process does not
allow a third vetting of request or adequate public input and he has issues with how the
process has played out. This text amendment should be rejected and start over with
industry and resident stakeholders in a transparent manner. He asked the Commission to
deny this application.
Mr. Luke Edens said he is the vice-president of the International Dark Sky Association
Phoenix Area Chapter. Light pollution is well documented and the negative effects on
wildlife and human health. When an electric light source is used in one specific location,
its light is scattered by dust and gas molecules in the atmosphere producing a luminous
background, which effects the entire region for miles away from the initial light source. It
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Meeting of September 9, 2021
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is one of the main forms of light pollution. The intensity of light from thousands of LED’s on
a digital billboard face causes more light pollution then any current conventional lite
billboard even if louvers are used accordingly. They produce triple the amount of
illumination during daytime hours and can be legibly be seen in the sunlight. Digital
billboards produce the most night glare during sunset hours when ambient light in the sky
is at its lowest levels causing a safety risk for rush hour traffic. Placement of taller billboards
in the night sky increases light pollution on the entire region from the sky glow effects. The
lighting policies and ordinances need to be reviewed and updated to the current
independent industry standards before discussing any new lighting proposals because
many of these policies are outdated. Allowing applicants to be the leading source is
biased misdirect, and we oppose this text amendment.
Ms. Lisa Perez said she lives in the City of Phoenix and is in opposition to this text
amendment. Billboards are not necessary; they create visual blight and serve no public
benefit. The applicant in his presentations points out where the letters of opposition have
originated and certain zip codes are not impacted. She is a Phoenix resident but less
than a three-minute walk, she is in unincorporated Maricopa County. It does have a
direct impact no matter where you live in the county. Maricopa County should be as
transparent as possible when their public policy is being developed, and in this instance,
you are allowing a private company to lead the process to change the zoning
ordinance. This is a horrible way to make public policy and is not the solution. This should
have been initiated by county staff and meetings be held by all stakeholders including
representatives from the entire billboard industry, other municipalities and residents in
Maricopa County. EROP is not a good outreach process and she did not find out about
this text amendment until May 2021. She asked the Commission to deny the text
amendment.
Ms. Amy Oliver said astronomy and astrophysics brings one-billion dollars to the economy
in Arizona by bringing a significant number of jobs, investments in our communities and
infrastructure. Astro tourism is one of the biggest industries in Arizona. This text
amendment is based on one industry that benefits just that one industry. We had several
conversations with Becker Boards. The technology does not mitigate the dark sky. The
louvers are good at mitigating light trespass, but light pollution is not the same thing.
Anything above 15 degrees above horizontal is going to continue to impact light
pollution that impacts our economy. This new text amendment is opening the door to
any legal non-conforming billboards to be converted to digital. Every single static non-
conforming billboard that is built in the future now automatically qualifies for conversion.
This is opening a “can of worms” creating this larger sky dome that continues to impact
observatories in the area. Anything we can do to mitigate that growth will help us in the
long run to all to be better neighbors.
Mr. Charles Huellmantel said he represents Outfront Media and he completely disagrees
with this process. This only helps Becker Boards. He does not feel they have been able to
participate in a process that will impact the industry, and they didn’t have the
opportunity to work with staff. If this is approved each of us in the industry will have to
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Meeting of September 9, 2021
Page 17 of 21
follow the same process. He believes this should be a larger process with all of the
stakeholders, neighbors, and the astronomy industry with a more level playing field. He
asked the Commission to reject this text amendment.
Commissioner Gress asked will other billboard companies like Outfront Media be able to
convert their billboards into digital billboards under this proposed text amendment. Why
would this be a competitive disadvantage to them? Mr. Huellmantel said they didn’t
have anything to do with the processing of the case. They might benefit in that way, but
this is not good for the industry. Commissioner Gress asked why digital billboards would
not be good for the industry. Mr. Huellmantel said he does not think this text amendment
is good for the industry.
Ms. Sandy Bahr said she represents Sierra Club Arizona Chapter with members throughout
Maricopa County. They have long opposed these special laws, rules and ordinances and
now text amendments to benefit billboard companies. They are strongly opposed to this
text amendment and asked the Commission to reject it. The Sierra Club and its members
have a significant interest in keeping dark skies, reducing energy use, insuring public
safety and protecting wildlife, and making our communities livable. Digital billboards
contribute significantly to roadway and neighborhood blight, and a distraction for
already distracted drivers. They emit a considerable amount of light, disrupting wildlife
and threatening dark skies in natural areas as well as for Arizona observatories. Artificial
light can impact the migratory patterns of birds, attract insects away from where they
should be, and contribute to their decline. Many communities have taken action to
protect the dark skies recognizing their value for residents, wildlife, and observatories. The
applicant said everybody else is going to digital billboards, which is incorrect. This
argument is weak especially when the activity is harmful. People in our communities are
not demanding more and bigger digital billboards, they want our communities beautiful,
desert and wildlife protected, and to look at the stars. She asked the Commission to
reject this text amendment and to put the welfare of our community ahead of the
demand of these billboard companies.
Mr. Taylor Earl said he represents Clear Channel Outdoor and they are not opposed to
the county zoning ordinance providing an entitlement pathway for digital billboards. This
text amendment should not be approved because it does not have industry wide
consensus. It fails to provide the type of reasonable balancing interests for adjacent
municipalities, property owners, and the outdoor advertising industry. This amendment
hasn’t been drafted in a way that would benefit or protect the community as to why the
County is receiving so much opposition. All billboard companies would have to use this
new zoning ordinance for years to come. To have one company present a text
amendment without having a broader consensus with the industry isn’t how the County
should proceed. The best course of action is to take the input from the community, and
not take a vote at the end of the hearing; instead, he asks the commission to continue
this case and direct staff to host an open forum where members of the industry can
discuss the details of the text amendment. That type of open discussion has not been
done for two years on this current reiteration. We believe all digital billboards should go
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Meeting of September 9, 2021
Page 18 of 21
through a special use process and only some of them are required in the current version.
Staff should establish a clear application procedure for the digital sign permits and to be
done well in advance of any approval so there is an open, fair and transparent permit
process. Spacing for residential should be increased to 500 feet, and a requirement to
notice adjacent cities and towns should explicitly be included into that text amendment.
They are not opposed to an entitlement pathway for digital billboards, but right now, the
amendment has defects. The County needs greater consensus among the industry
before they proceed with an amendment to the zoning ordinance.
Mr. Mark Mayer said he is here on behalf of Scenic Arizona whose mission is preserve and
enhance the natural beauty of Arizona. They are opposed to the proposed billboard
text amendment. The public does not want it and it will increase visual blight along
Maricopa County freeways, and undermine municipal billboard restrictions by allowing
large electronic billboards in their planning areas prior to annexation. In 2005, Scenic
Arizona commissioned an opinion poll and the results were that Maricopa County
residents opposed to electronic billboards by an overwhelming 3-1/2 to 1. The public
clearly does not want these eyesores, and the draft today is not a result to the citizens
demanding such changes. This ordinance would further exploit county islands along the
Loop 202 and State Route 24 within the communities of Mesa, Gilbert and Queen Creek
whose codes do not allow billboards. Peoria and Surprise can also be affected if these
billboard allowances became an incentive to rezone county land prior to annexation.
He urged the Commission to stand up for the scenic quality of our state and the integrity
of local governance and reject this text amendment. The map shown is irrelevant,
motorists drive on these freeways come from all kinds of locations. Others see these
billboards, not only those in the valley but also those also traveling through Phoenix.
Mr. Sandy Hamilton said he lives in Laveen and the citizens rely on your help to protect
us, the voter from the distracted driving that might occur because of this. Along with
billboard blight and the property values dropping. If this issue were on the ballot, do you
think it would pass?
Mr. Harvey Shulman said he believes they are getting ahead of themselves because a
couple of months ago the U.S. Supreme Court in a case with the City of Austin verses
Reagan National Advertising said it would be deciding by June 2022 whether onsite
business signs and offsite signs must have the same right to advertise through the same
rules. If this proposal is approved before the Supreme Court acts, you may be opening
yourselves to all kinds of digital signs, not just billboards but onsite premise advertising. He
urges the Commission to wait and see how that plays out. Almost every other place in
the country those that convert a non-digital billboard to digital have to take down two
or more boards to do the digital conversion. If somebody wants to convert one of their
conventional boards to digital why not make them at the same time change the lighting
on their under mounted conventional boards. The proposed standards for conversion
are far too lose even looser than the City of Phoenix digital standards, which are now
being challenged in court. The International Engineering Society issued a report in 2019
that digital billboard messages should appear for at least 20 seconds minimum not 8
seconds. The brightness of digital boards in rural areas should not exceed 20 nits, and you
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Meeting of September 9, 2021
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are proposing to allow 300 nits in unincorporated parts of the county. Three hundred nits
is about the brightness of 9 or 10 full moons. The conventional billboard in the Phoenix
area has a brightness of 30 to 50 nits. You are proposing to replace digital billboards and
increase the brightness by ten-fold. He asked if anyone has stood in front of a digital
billboard at 150 feet. That is being proposed to allow people’s homes to be within 150
feet. The 1,000-foot distance is very inadequate; someone passing on the highway would
see six different messages in a one-minute period as soon as they start seeing the
billboard. He would like the parties on all sides to have a debate in a public forum. This
proposal is not ready for a vote.
Chairman Arnett asked if anyone else from the public wished to speak on this item. None.
Mr. Lally said they have tried to be as transparent as possible. Two members of the
billboard industry referenced their inability to participate in the process and this was not
a consensus among the industry. All of the meetings they had on this case those members
and/or their clients participated in the meetings making similar comments. There has
been a hundred changes to the text over the last three years all of which were in
response to industry professionals, the community and stakeholders. The intent of his
exhibit was to show how this would impact the surrounding property owners and where
they are located in the county and which billboards could be re-purposed or modified
to digital. The billboards he was talking about are in areas where people reside, live and
work near those billboards, they are not coming out in vast opposition. There was a
debate many years ago with the legislature and the astronomy industry where they
came and discussed what parts of the state are appropriate for billboards and what
parts of the state are not. They passed a law that all cities have followed and this
ordinance is following the state law as it relates to locations and protection of those
facilities. The law also recommends 8 seconds for flips and 300 nits. The City of Phoenix
and all other jurisdictions around the valley have adopted those standards. There was
mention of an Israeli study and he is not familiar with it and does not know if the roads
and conditions in Israel are the same as Maricopa County. He requested a public records
request from the City of Phoenix for the 44th Street area and asked for numbers of wrecks
increasing over the years. They checked if it reflected a reason to have increased traffic
and wrecks that had anything to do with billboards. The information received was there
is not even a category since driver distraction of a billboard is so slight. The impact on
drivers and surrounding property owners will be mitigated with this new technology. This
code is doing what most of the jurisdictions in the valley do. Every jurisdiction that allows
billboards also allows digital billboards. A number of jurisdictions in the valley do not allow
billboards, and the ones that do allow digital billboards. The developments standards are
the same in terms of the size 14’x48’ and 1,000 feet or more apart from each other, and
300 nits and 8 second turn time. We are following the general consensus of the valley.
This is the best technology available today and Maricopa County will be groundbreaking
with this technology for digital louvers. The applicant has done everything that has been
asked and if this process was not true, transparent, and fair he does not think over the
three years and hundreds of changes staff could say this was not a transparent and fair
process to all of those involved.
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Meeting of September 9, 2021
Page 20 of 21
Chairman Arnett said he knows this is a passionate issue and we all care about our
community. The people on this commission are serving because they care about their
community and we are residents of this community. He agrees with all the comments
made. There are such big signs, but you can choose not to read them. We all live in this
community and this is a difficult discussion. He knows the process has not been perfect,
but it has been a process and there is always somebody that’s not going to agree. He
does not think it has been unfair. He is inclined to support this.
Commissioner Schlosser said he recalls three years ago, it was his first ZIPPOR meeting and
all the billboard companies were there. He asked over the last three years how much
time of County staff has spent on this text amendment. Mr. Gerard said possibly a couple
months’ worth of work for a full-time position. Commissioner Schlosser said it’s been a lot
of time spent for everybody.
Commissioner Schlosser said he heard similar comments back then as today, that it
wasn’t a fair process and they were not included in the process. He finds that hard to
believe. He has tremendous respect for the astronomers and their profession and he
appreciates all their comments and concerns. We have to keep in mind; the City of
Phoenix just took the fifth largest city in the nation, and there are hundreds of thousands
of residences, commercial buildings, all which produce light in this metropolitan area. It
is time for this application to move forward, it has been three years. He knew this was a
complex issue but did not think it would take three years.
Vice Chairman Swart asked counsel about the U.S. Supreme Court case that was
mentioned. Mr. Peck said if we were to adopt an ordinance and that case comes in
and raises questions with our ordinance, we would present that to the commission and
see if our ordinance needs to be amended at that time. We do not know how the court
is going to decide. In most cases, the concern with billboards is whether you are
regulating content. There is nothing in the text amendment that deals with content.
Unless you feel it is appropriate to wait until that time. Vice Chair Swart said no he does
not.
Commissioner McGee said there were many concerns raised about the process and she
thinks the process from the get go was fatally flawed. She is supportive of small business,
but if you get off on the wrong foot, it is difficult to get back on the right foot. In this
instance, the process itself does not allow for that. It needs to be a larger conversation
and everybody needs to be at the table at the same time with the same facts and
information. She bases this on her experiences at the State Capitol as a brand new state
legislature with processes to establish Arizona law. The whole request needs to be
handled differently as a general text amendment opposed to a text amendment
generated by a specific business.
Maricopa County Planning and Zoning Commission Minutes
Meeting of September 9, 2021
Page 21 of 21
COMMISSION ACTION: Commissioner Schlosser motioned to approve TA2018001 with
revisions. Chairman Arnett second. Approved 3-2. Ayes: Schlosser, Swart, Arnett; Nays:
Gress, McGee; Danzeisen recused.
The revisions from paragraph 12:
Proposed Section 201 definition of “Sign, off-site advertising (billboards) –
digital”: Change “utilizes” to “utilizing” in first sentence.
Proposed Article 1112.7.1.1.21: Change language to “Any lawfully existing
bottom mounted upward lighting is permitted to remain. However, any
alteration to said billboard will require the lighting to be removed and replaced
with downward lighting in conformance with Article 1112.3.2. All new billboards
are required to be in conformance with Article 1112.3.2.” This would allow
continued use of existing lighting for signs that meet legal non-conforming
standards but would require downward lighting for any new or altered signs at
the time of permitting.
Proposed Article 1301.1.21.2.3: Add “to be relocated” at end of sentence.
Proposed Article 1403.3.1.C: Add “have features that emit sound or” before
“be audible in any manner.”
Proposed Article 1403.3.1.F.2.a: Add “immediately adjacent to sign” after
“main travel lanes of a freeway”.
Proposed Article 1403.3.1.G: Under the table for sign face and embellishments,
add asterisks for each of the sign face standards (300 sf and 672 sf) to include
a footnote that states “this maximum square footage applies separately to
each side of a double-faced sign”.
Proposed Article 1403.3.1.J.1.ii: This should state “Digital billboards shall be
permitted if along AND WITHIN 300’ OF AN EXISTING freeway…” (Emphasis
added). This change is consistent with language in other articles of the text
amendment and is also more precise, removing interpretational drift with
determination as to what location is along a freeway.
Proposed Article 1403.3.1.J.4: Replace the first word “Such” with “Digital”.
Proposed Article 1403.3.1.J.5: Remove the first word “Minimal”.
Proposed Article 1403.3.1.J.9: Add “modified or” before the word “converted”
to be consistent with language from Article 1301.1.21.1.2. Also, remove from
sub-section “J” and make a new sub-section “K” under same article, this is to
remove from digital sub-section J as this doesn’t just apply to digital billboards.
Proposed Article 1403.3.1.J.10: “Add the word “existing” before the word
“rights”. Also, remove from sub-section “J” and make new sub-section “L”
under same article as this applies to not just digital billboards.
Chairman Arnett adjourned the meeting at 12:43 p.m.
Prepared by Rosalie Pinney
Recording Secretary
September 9, 2021
KEY NOTES
1.
AREA OF NEW ASPHALT PAVING
2.
EXISTING ASPHALT PAVING
3.
EXISTING ELECTRICAL METER
4.
NEW 5' WIDE SIDEWALK
5.
EXISTING FIRE HYDRANT AND BOLLARDS
TO BE RELOCATED
6.
NEW ASPHALT OR CONCRETE PAVING
7.
NEW LANDSCAPED AREA
8.
NEW CONCRETE WALKWAY - ADA ACCESSIBLE
UNDER EXISTING CANOPY, TO EXISTING
OFFICE ENTRANCE
9.
NEW CMU SCREENING WALL
HEIGHT: 3'-0"
10.
NEW SITE LIGHTING
HEIGHT:16'-0"
11.
NEW SITE LIGHTING ON BUILDING
12.
EXISTING POWER POLL
13.
EXISTING POWER POLL TO BE RELOCATED
14.
PROPOSED LOCATION OF SEPTIC TANK AND FIELD
15.
PROPOSED LOCATION OF WELL AND WATER TANK
16.
STABILIZED CRUSHED GRANITE PAVING
(FOR DUST PROOFING)
17.
NEW CMU WALL. HEIGHT 8'-0"
18.
10'-0" WIDE LANDSCAPED AREA WITH TREES
(PLANTED 20' APART)
19.
25'X25' VISIBILITY TRIANGLE
20.
ADA RAMP
PROJECT INFORMATION
AAK ARCHITECTURE & INTERIORS, INC.
7585 EAST REDFIELD ROAD, SUITE 106
SCOTTSDALE, AZ 85260
CONTACT: ART KNADJIAN
TEL: 480.588.5852
EMAIL: ART@AAKAII.COM
ARCHITECT:
OWNER:
MONTANA TRACTOR AND PLOW COMPANY
MAILING ADDRESS:
21427 N. BLACK CANYON HWY,
PHOENIX AZ 85027
PROJECT DATA:
PARCEL NUMBER:
210-09-019
LOT SIZE: 206,182 S.F. / 4.74 ACRES
EXISTING ZONING:
RU-43
PROPOSED ZONING:
C-3
WITH CUPD OVERLAY
LEGAL DESCRIPTION:
LOT COVERAGE:
PRIMARY COVERAGE:
(MAIN BUILDING STRUCTURES ONLY)
TOTAL BUILDING AREA 4,603 S.F
COVERAGE: 2.3%
TOTAL COVERAGE:
(MAIN BUILDING STRUCTURES PLUS
CANOPIES & SHADE STRUCTURES)
TOTAL COVERED AREA: 7,453 (4,603 + 2,850)
COVERAGE: 3.6%
-ALL STRUCTURES ARE EXISTING-
PARKING:
REQUIRED:
OFFICE:
1,668 (1,668 / 300=5.56)
6 PARKING SPACES
OUTDOOR DISPLAY AREA:
11,800 S.F (11,800 / 10,000= 1.18)
2 PARKING SPACES
EMPLOYEES:
MAX. 3
1 PARKING SPACE
SERVICE BAYS:
1
1 PARKING SPACE
TOTAL PARKING REQUIRED:
10 PARKING SPACES
(PER CHAPTER 702:
1 PER 300S.F. OF OFFICE, 1 PER 10,000 OF OUTDOOR DISPLAY AREA,
1 PER 3 EMPLOYEES,1 PER SERVICE BAY)
PROVIDED
REGULAR:
12 PARKING SPACES
ADA:
2 PARKING SPACES
TOTAL PARKING PROVIDED:
14 PARKING SPACES
VICINITY MAP
W HAPPY VALLEY RD.
I - 17
N 7TH ST.
N 9TH AVE.
THIS
SITE
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 4 NORTH, RANGE 3
EAST OF GILA AND SALT RIVER BASE AND MERIDIAN,
EXCEPT ALL OIL, GAS AND OTHER MINERAL DEPOSITS AS RESERVED IN PATENT
FROM UNITED STATES OF AMERICA.
UTILITY SERVICES
APS
ARIZONA PUBLIC SERVICE
CENTRAL ARIZONA WATER
CONSERV DISTR / ENGINEERING
COX COMMUNICATIONS
CENTURY LINK
CITY OF PHOENIX INFORMATION
TECHNOLOGY SERVICES
COMPANY
UTILITY TYPE
ELECTRIC
COAXIAL,ELECTRIC,
FIBER OPTICS, WATER
CATV, FIBER OPTICS
COAXIAL, FIBER OPTICS
COAXIAL, FIBER OPTICS
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MAXIMUM LOT COVERAGE
MAXIMUM BUILDING HEIGHT
MINIMUM FRONT YARD SETBACK
(SOUTH PROPERTY LINE)
MINIMUM STREET SIDE SETBACK
(EAST PROPERTY LINE)
MINIMUM INTERIOR SIDE YARD SETBACK
(WEST PROPERTY LINE)
MINIMUM REAR YARD SETBACK
(NORTH PROPERTY LINE)
SCREENING
REGULATION
C-3 BASE
STANDARDS
PROPOSED C-3 CUPD
STANDARDS
6,000 SQ. FT.
60-FEET
60%
40-FEET
10-FEET
10-FEET
10-FEET
25-FEET
A SOLID WALL, NOT LESS THAN
SIX FEET IN HEIGHT, SHALL BE
REQUIRED ALONG AND ADJACENT
TO ANY SIDE OR REAR PROPERTY
LINE ABUTTING ANY RURAL OR
RESIDENTIAL ZONE BOUNDARY
6,000 SQ. FT.
60-FEET
60%
40-FEET
10-FEET
10-FEET
10-FEET
25-FEET
A SOLID WALL, NOT LESS THAN
EIGHT FEET IN HEIGHT, SHALL BE
REQUIRED ALONG AND ADJACENT
TO ANY SIDE OR REAR PROPERTY
LINE ABUTTING ANY RURAL OR
RESIDENTIAL ZONE BOUNDARY
PLANT PALETTE
SYMBOL
BOTANICAL NAME
COMMON NAME
SIZE
TREES
MISCELLANEOUS
DG
3/4" DESERT GOLD DECOMPOSED GRANITE GROUND COVER
LIVE OAK
QUERCUS VIRGINIANA
ARIZONA ASH
FRAXINUS VELUTINA
CHITALPA
CHITALPA
TASHKENTENSIS
MULGA ACACIA
ACACIA ANEURA
36" BOX
NOTES
SPACED" 12' O/C
SPACED" 40' O.C.
SPACED" 40' O.C.
SPACED" 20' O.C.
36" BOX
36" BOX
36" BOX
AT ALL
LANDSCAPED
AREAS
EXISTING
CONCRETE SLAB
EXISTING
CONCRETE SLAB
EXISTING
CANOPY AND
CONCRETE SLAB
STABILIZED CRUSHED
GRANITE PAVING
EXISTING CANOPY
W HAPPY VALLEY RD
STREET CENTER LINE
N 9TH AVE
659'-11"
330'-4"
660'-0"
330'-9"
33'-0"
PATENT
EASEMENT
TO BE
ABANDONED
33'-0"
PATENT
EASEMENT
TO REMAIN
33'-0"
PATENT
EASEMENT
TO BE
ABANDONED
EXISTING
EASEMENT
40'-0"
EXISTING
EASEMENT
40'-0"
98'-11"
172'-7"
49'-7"
81'-11"
32'-8"
90'-0"
56'-7"
53'-5"
224'-11"
328'-6"
322'-2"
50'-0"
94'-0"
76'-4"
98'-11"
89'-6"
APN: 210-09-019
EXISTING MODULAR
BUILDING 2
-OFFICE-
EXISTING MODULAR
BUILDING 1
TRUCK DISPLAY AREA
TRUCK
DISPLAY AREA
TRUCK
DISPLAY AREA
30'-0"
6
TYP.
6
TYP.
6
TYP.
7
TYP.
18
7
TYP.
8
9
9
5
13
12
3
7
10
TYP.
10
10
TYP.
13
11
11
DIRT DRIVE
DIRT DRIVE
NEW RETENTION AREA
14
15
10
TYP.
7
TYP.
7
TYP.
6
TYP.
33'-0"
PATENT
EASEMENT
TO REMAIN
ASPHALT OR CONCRETE
PAVING
16
TYP.
16
TYP.
16
TYP.
16
TYP.
17
TYP.
17
TYP.
17
TYP.
17
62'-5"
95'-5"
FUTURE COP ROW
65'-0"
FUTURE COP ROW
65'-0"
18'-0"
10'-0"
18
TYP.
18
TYP.
18
TYP.
10'-0"
10'-0"
10'-0"
17
TYP.
9'-0"
TYP.
18'-0"
TYP.
11'-0"
5'-0"
11'-0"
18'-0"
TYP.
54'-0"
9'-0"
72'-0"
25'-0"
45'-0"
75'-0"
25'-0"
20'-0"
40'-0"
35'-0"
43'-0"
10'-0"
25'-8"
25'-8"
7
TYP.
10
TYP.
NEW CURB
52'-0"
5'-6"
5'-0"
4
4
1
2
2
2
⅊
⅊
⅊
⅊
⅊
NEW RETENTION AREA
NEW RETENTION AREA
NEW RETENTION AREA
NEW
RETENTION
AREA
19
19
20
20
NEW RETENTION AREA
20'
0'
40'
80'
40'
8'-0"
8"
8" CMU WALL
FINISH GRADE
SOLID GROUT BELOW GRADE
#5 REBARS @ 16" O.C.
STANDARD WEIGHT JOINT
LADDER REINFORCING
#9 LONG WIRES
#5 CONT. IN 8" DP. BOND BM.
1'-6" MIN.
NOTES:
FOOTING CONSTRUCTION JOINT
NOT TO EXCEED 40' O.C.
WALL CONSTRUCTION JOINT
NOT TO EXCEED 20' O.C.
ALL CELLS CONTAINING
REINFORCMENT SHALL BE GROUTED
SOLID
PILASTER LOCATIONS TO BE VERIFIED
FOR CONSTRUCTION DESIGN
2 #5 CONT. IN FOOTUING
THESE PROJECT DOCUMENTS ARE THE PROPERTY OF AAK ARCHITECTURE & INTERIORS, INC. NO PART OF THESE DOCUMENTS SHALL BE REPRODUCED OR USED WITHOUT THE WRITTEN PERMISSION OF THE AUTHORS. COPYRIGHT © 2021 AAK ARCHITECTURE & INTERIORS, INC.
PLOT DATEWednesday, November 3, 2021 3:15:54 PM
11/04/2021
2017-00
SHEET TITLE
JOB NUMBER:
DATE:
SCALE:
REV.
CONSTRUCTION PHASE
BULLETIN #
DATE
ISSUED FOR:
PRE-CONSTRUCTION PHASE
DATE
NO.
Northwest corner of
W. Happy Valley Rd. & N. 9th Ave.
APN: 210-09-019
© 2021
7585 e redfield rd #106 scottsdale arizona 85260
480.588.5852
aakaii.com
TEAM TRACTOR
11-04-2021
COUNTY REVIEW
11-04-2021
MARICOPA COUNTY CASE NUMBER #: Z2021007
A001
SITE PLAN
EXISTING & PROPOSED
AS NOTED
PROPOSED SITE PLAN
scale: 1"= 40'-0"
1
PRELIMINARY SITE WALL
scale: 3/8"= 1'-0"
2
12/14/2020
RECEIVED
11/04/2021
C-3 CUPD Narrative Report
FOR
Team Tractor Ranch
NORTHWEST CORNER OF 9TH AVENUE AND HAPPY VALLEY ROAD
Case No. Z2021007
1st Submittal: January 19, 2021
2nd Submittal: March 11, 2021
3rd Submittal: August 16, 2021
2
PURPOSE OF REQUEST
This request is for a Zone Change from Rural-43 to C-3 (General Commercial) with
Commercial Unit Plan of Development Overlay (“CUPD”) on approximately 4.7 acres located at
the northwest corner of Happy Valley Road and the 9th Avenue alignment in Maricopa County
(the “Site”). Team Tractor Ranch (“TTR”) requests this Site be rezoned from RU-43 to C-3 CUPD
to allow the existing business (Team Tractor Ranch) to continue its business operations on the Site
under the regulations of the C-3 Zoning District, as modified through the CUPD Overlay.
DESCRIPTION OF PROPOSAL
TTR sells and leases agricultural tractors, implements, and farm supplies. The Permitted
Uses on the Site will be Tractor and Tractor Equipment, Sales and Leasing, and similar uses as
approved by the County Zoning Administrator. All other uses listed under the C-3 Zoning District
shall be prohibited on the Site.
TTR’s existing improvements include: one existing building with a customer counter and
administrative offices, tractor and implements display area, customer and employee parking areas
on asphalt millings, and rural agrarian fencing along the Happy Valley Road. Ingress and egress
to the Site is located along Happy Valley Road.
The proposed improvements on the Site include: new asphalt or concrete paved parking
lot and tractor/equipment display area that will minimize dust, new water well and septic system,
new 8’ masonry wall surrounding the properties west, north, and east boundaries, and new 3’
parking lot screen wall along Happy Valley Road. It is intended that the property improvements
comply with the C-3 Development Standards and Regulations.
TTR business hours are 7:30 AM to 5:00 PM Monday through Friday and 8:00 AM to
12:00 PM on Saturday. Employees are not scheduled or permitted to work afterhours. The existing
and proposed building are located within the central portion of the Site and there is a Tractor and
Tractor Equipment Display Area located north of Happy Valley Road. The employee and visitor
parking area is located between the Display Area and the building on the Site. The area north of
the building is where the water well, sewer septic system, and vendor delivery area are located.
Signage will comply with Section 14 of the MCZO.
RELATIONSHIP TO SURROUNDING PROPERTIES
TTR has operated on the Site since Fall of 2019. The Site is surrounded on the west by an
existing business and storage yard (The Pond Gnome), two vacant residential lots and an existing
residential home abutting the northwest corner of the Site. To the north and east are vacant
residential lots. There is an existing single-family mobile home adjacent to the northeast corner
of the Site, which has access along the 9th Ave alignment via an existing patent easement. TTR’s
development will not impact the existing access on the east boundary of the Site.
The Site is within the City of Phoenix’s Planning Area. Phoenix’s General Plan Land Use
Map designates the Site as “Commercial / Commerce Park.” The proposed C-3 zoning is
3
compatible with the City of Phoenix designation. The County Comprehensive Plan designates the
Site “Rural/Residential 0-1 du/ac / Natural Desert.”
LOCATION AND ACCESSIBILITY
Happy Valley Road is currently under construction to be widened. Electrical facilities are
available to the Site by APS. Water is provided to the Site via an above ground tank with water
hauled into the Site. TTR intends to continue the existing water service until the City of Phoenix
installs a waterline in the future. Further, a septic sewer system will serve the Site until services
are made available from the City of Phoenix.
CIRCULATION SYSTEM
Access to and from the Site are provided via driveway along Happy Valley Road. The
onsite circulation and parking layout have been designed to provide a safe and convenient
customer experience. Customer and employee parking is provided along the south side of the
building.
DEVELOPMENT SCHEDULE (PHASING)
TTR is an existing business that does not conform to the Site’s existing zoning. We are
processing this Zone Change Application pursuant to a Compliance Agreement (V201902005).
We intend to process this Zone Change request then Construction Documents and Permitting to
bring the Site into compliance with County requirements. Site improvements are anticipated to
begin by Fall 2021.
COMMUNITY FACILITIES AND SERVICES
There are no adjacent or nearby community parks or amenities (other than hiking and off-
road vehicle recreation opportunities vacant open space areas). The nearest public park, amenities
and recreation (other than hiking and off-road vehicle recreation) is located approximately 3.5
miles southeast of the Site (Reach 11 Sports Complex). The Site is located in the Deer Valley
Unified School District. The nearest school is Norterra Canyon Elementary located approximately
1.6 miles northwest of the Site. The Site is surrounding by mostly vacant desert land. The TTR
development will not have any negative impacts on any school district, parks or other amenities in
the area.
PUBLIC UTILITIES AND SERVICES
Water:
Private Water Well
Sewer:
Onsite Septic
Police:
Maricopa County Sheriff’s Department
Fire:
North County
4
Refuse:
Private Refuse Company
DEVELOPMENT STANDARDS TABLE
The C-3 RUPD Development Standards Comparison Table is provided below:
REGULATION
BASE ZONING DISTRICT
REGULATIONS (C-3)
PROPOSED ZONING
REGULATIONS (C-3 RUPD)
Height
40’
40’
Min. Front Yard
10’
10’
Min. Side Yard
10’
10’
Min. Rear Yard
25’
25’
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
CONCLUSION
This Zone Change Application establishes uses and other criteria that are appropriate for
the Site and compatible with the surrounding area. We request the County’s Approval.