04. Z2023036 Staff Report
Extracted text (via pymupdf)
30962 characters
Z2023036 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2023036 - Gateway Auto Mall Hearing Date: June 22, 2023 Supervisor District: 2 Applicant: Sean Lake, Pew & Lake PLC Owner: Horne Real Estate Investment LLC Request: Zone Change from Rural-43 to C-3 Site Location: Generally located at the SWC of SR-24 & Signal Butte Rd. in the East Mesa Area Site Size: Approx. 28.5 acres Density: N/A County Island: Yes (City of Mesa) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Mesa – Mixed Use Community Municipal Comments: City of Mesa – Letter of Support Support/Opposition: None known Recommendation: Approve with conditions Z2023036 Page 2 of 6 Project Summary: 1. This application is a request to amend the zoning from Rural-43 to C-3 on approximately 28.5 acres located on APN 304-36-003 at the southwest corner of SR-24 and Signal Butte Road alignment in the East Mesa Area. The rezoning request is part of a larger auto mall development which is being developed on both sides of the SR-24 at Signal Butte Road on both Maricopa County and City of Mesa jurisdiction properties. 2. The application was submitted on March 23, 2023. A technical advisory committee (TAC) meeting on the application occurred on April 4, 2023 to discuss technical aspects and requirements with the applicant. The applicant was advised to discuss the proposal with the City of Mesa. The City of Mesa provided comment on the case on May 9, 2023. The city has stated they will provide services without the need for annexation at this time. Mesa staff have given their full support for the proposed zone change. 2023 Aerial Z2023036 Page 3 of 6 Rural-43 Zoning & Surrounding Districts Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: Rural-43 / vacant North: AZ-24 / highway South: Light Industrial (LI) (City of Mesa) / vacant East: General Industrial (GI) (City of Mesa) / manufacturing facility West: Light Industrial (LI) / vacant Utilities and Services: 4. Water: City of Mesa Wastewater: City of Mesa School District: Queen Creek Unified School District Fire: City of Mesa Police: Maricopa County Sheriff’s Office Z2023036 Page 4 of 6 Right-of-Way: 5. Signal Bute Road is within the City of Mesa’s jurisdiction. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements within its jurisdiction. 6. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification 222nd St. 30-feet 30-feet Local Signal Butte Rd (Mesa Jurisdiction) 50-feet 65-feet Adopted Plan: 7. Mesa 2040 General Plan (adopted 2014): This area is listed as ‘Mixed Use Community’ which is intended for, “A wide range of uses from single-residence through multi-residence, commercial, office and employment”. Public Participation Summary: 8. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the site and notification within 300’ of the subject parcels and to interested parties. To date, staff has not received any public comment or any response from the public outreach process. 9. The City of Mesa has provided a letter of support stating they are in favor of the rezone request as proposed. Outstanding Concerns from Reviewing Agencies: 10. N/A Staff Analysis: 11. The rezoning request for this parcel is appropriate due to the proximity to a highway and the general industrial nature of the surrounding uses. The planned use of a car dealership and repair facility can generally be accomplished utilizing a C-2 zoning designation. The request for a C-3 designation opens up the parcel for alternative uses if the auto complex is not developed. Staff is agreeable to the expanded C-3 use as the City of Mesa has provided comment that they support the zoning as proposed. The City has indicated that they intend to provide all utilities and services to the site. Staff also notes that the site’s direct proximately to freeway access at intersection of Signal Butte Rd. and SR-24 lend to high intensity commercial uses. Recommendation: Z2023036 Page 5 of 6 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023036 subject to the following conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Z2023036 Zoning Exhibit“, consisting of 1 full-size sheet, stamped received May 22, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Gateway Auto Mall”, consisting of 9 pages, dated May 18, 2023, and stamped received May 18, 2023, except as modified by the following conditions. c. 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. d. The following engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future entitlement (POD) application(s). 3. Right-of-way dedication along 222nd Street and Signal Butte Road may be required to accommodate road improvements required for site development. 4. Signal Butte Road is within the 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 within its jurisdiction. 5. The applicant is responsible for coordinating any requirements with ADOT given the site’s proximity to SR24. 6. 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. Z2023036 Page 6 of 6 e. Noncompliance with these listed conditions or with any Maricopa County Regulation shall be considered a zoning violation in accordance with the Maricopa County Zoning Ordinance and grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. Presented by: Andrew Lorentzen, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (1 page) Narrative Report/Ex. Summary (9 pages) MC Engineering Review (2 pages) City of Mesa Comments (1 page) / Maricopa County Planning & Development - Phoenix, AZ 2 Gross Acres: 28.4 approx. Generated June 6, 2023 20:41 PM Z2023036 Application Name: Legal Description Gateway Auto Mall EDR Applicant Case Address , T1S R07E 35 Cheryl Long for Pew & Lake, PLC 16045 S 222ND ST Applicant Phone/Email Parcel Primary:304-36-003 480.461.4670 cheryl.long@pewandlake.com MESA AZ 85212 Map scale 1:3,071 Supervisor District No. REZONE FOR THE PROPOSED GATEWAY AUTO MALL 5.3585 in Z2023036 Zoning Exhibit Z2023036 – Received 5/22/2023 Submitted by: Pew & Lake, PLC Sean B. Lake, Sarah Fitzgerald 1744 South Val Vista Drive, Suite 217 Mesa, AZ 85204 Ph. 480-461-4670 On behalf of: On Behalf of: The Gateway Auto Mall Development Group: Horne Real Estate Investments, LLC Submitted to: Maricopa County 301 W Jefferson St Suite 170 Phoenix, AZ 85003 March 20, 2023 GATEWAY AUTO MALL Project Narrative Pecos Rd. – Signal Butte Rd. – SR 24 GATEWAY AUTO MALL Page 2 I. Introduction Pew & Lake, PLC, on behalf of our client, The Gateway Auto Mall Development Group, is pleased to submit this project narrative to Maricopa County in support of a Rezoning for the development of a regional auto mall commercial development (“Gateway Auto Mall”). The development is located on approximately 28 acres at the southwest corner of Signal Butte Road and State Route 24 north of Pecos Road. The Property is adjacent to other parcels located in the City of Mesa at Pecos Road and Signal Butte Road. The applications for the City of Mesa parcels have been submitted to the City and will be a part of the Gateway Auto Mall. The total site area of the Gateway Auto Mall is approximately 88 acres including the subject Property. The specific development request to the County is Rezoning from RU-43 to General Commercial (C-3) conventional zoning. In the future, it is understood that a Plan of Development application will be required for each phase prior to construction. Gateway Auto Mall will bring about an exciting regional commercial auto and commercial use at a key arterial intersection and freeway interchange that has convenient access to multiple cities in the southeast valley. This request will make possible a mix of commercial and employment opportunities that will create jobs, promote business sustainability, and benefit the County’s public programs and initiatives. This request will consolidate and organize multiple parcels with different ownership and different zoning categories into a cohesive zoning district. As envisioned in the Comprehensive Plan, the proposed auto and regional commercial uses will implement desirable land uses where they expected to locate. See the Site Aerial below. Figure 1 – Site Aerial GATEWAY AUTO MALL Page 3 II. General Plan and Zoning Designations Currently, the Property is designated in the General Plan as part of an unincorporated rural residential, 0-1 du/acre and is zoned RU-43. The maps below illustrate the existing and proposed zoning. Figure 1 – Existing Zoning Map Figure 2 – Proposed Zoning Map III. Existing Site Conditions, Relationship to Surrounding Properties The Property is vacant and has relatively flat topography. The planned SR 24 freeway is located along the Property’s northern boundary. Signal Butte Road’s alignment runs along the eastern boundary. Vacant land is located to the south. 220th Street abuts the western boundary, which is in the Mesa city limits, followed by land in Maricopa County. The surrounding properties are vacant, with the exception of the employment use east of the site and a nearby indoor building supplies commercial building to the southwest on Pecos Road. Table 1 – Existing and Surrounding Land Use Context Direction Jurisdiction Maricopa County Comprehensive Plan City of Mesa General Plan Land Use Existing Zoning Existing Use Property Maricopa County Rural Residential, 0-1 Employment RU-43 Vacant North Maricopa County Unincorporated Employment RU-43 Vacant, SR 24 East Mesa Incorporated Urban Area Employment HI, AG Vacant South Mesa Incorporated Urban Area Employment GC Vacant West Mesa Incorporated Urban Area Employment LI Vacant City of Mesa Unincorporated Maricopa County City of Mesa Unincorporated Maricopa County City of Mesa City of Mesa GATEWAY AUTO MALL Page 4 IV. Description The purpose of this application is to request C-3 conventional zoning to the Property. This request will allow for Gateway Auto Mall, which offers enhanced benefits to the County and will help ensure the health, safety, and welfare of the county’s citizens. The applicant aims to set the framework for future development of auto sales and commercial uses and to ensure compatibility with the surrounding neighborhood. This site is an ideal location because it is adjacent to a freeway and two major arterials in an area planned for commercial and industrial uses. Signal Butte is scheduled for roadway improvements that have already begun, which will connect Queen Creek and San Tan Valley neighborhoods to the interchange with the SR 24 freeway at Signal Butte Road. In the conceptual overall site plan in Figure 3 below, the Property makes up the northern part of a larger site plan between Pecos Road and the SR-24 freeway. The remaining site plan to the south of the access drive is not a part of this request and located in the Mesa City limits. Gateway Auto Mall’s conceptual layout for the subject Property includes three phases of buildings (A, B, and C) planned for auto dealership and service uses. They are conceptually located north of the primary access drive that connects to Signal Butte Road. Figure 3 – Conceptual Site Plan SITE Not a Part Not a Part GATEWAY AUTO MALL Page 5 Given the nature of auto dealerships, the plans are preliminary and give a general indication of the nature of the development that could occur. Actual site configuration and building locations will be determined as each phase progresses in response to the unique limitations, design, and needs of the variety of dealerships that could locate here. Site Access and Circulation Regional Roadways, Accessibility: The adjacent SR 24 offers a regional freeway link between the larger market area and the subject Property. Signal Butte Road is located in Mesa and designated as an arterial road. Construction improvements are in process for Signal Butte Road and the SR 24 interchange, which will help facilitate commercial access. Gateway Auto Mall will access Signal Butte Road consistent with Maricopa County and City of Mesa codes and standards. Site Circulation: As shown on the site plan, primary access to phases A, B, and C is provided at both Signal Butte Road and a 65-foot-wide internal drive at a proposed traffic signal between Pecos Road and the SR 24. For the western portion, secondary access is also possible from 220th Street, which intersects with Pecos Road. Internal circulation will be determined during the detailed site plan review for the individual phases for each dealership. Development Standards The proposed development will be constructed in accordance with the applicable provisions in the Maricopa County Zoning Ordinance for the GC zoning district. The site planning, bulk standards, architectural, and landscape provisions for commercial developments will apply to the project site. For each phase of development, the site plan and each building design will incorporate quality design features tailored to the proposed type of use. Regarding landscaping, plant counts, types, sizes, and varieties will be installed in accordance with policies for perimeter landscaping along arterial streets and landscaping internal to the site. Phasing The development phasing of the parcel in this application may be one phase but will be based upon unknown future real estate market conditions and the timing of Maricopa County approvals. Public Utilities and Infrastructure Gateway Auto Mall will comply with the appliable regulations for drainage, utilities, and infrastructure. Utility plans and documents will be submitted during the future Plan of Development and permitting processes. Utilities in the Property’s vicinity include City of Mesa for water, sewer, police, fire, and waste disposal. The Property is in the Southwest Gas service area for natural gas, and in the SRP electric supply service area. Based on a preliminary analysis, there is adequate capacity to service the GATEWAY AUTO MALL Page 6 proposed development. The proposed development proposes access to services located within the City of Mesa with all applicable infrastructure regulations and standards. Water and sewer connections will tie into the lines within Signal Butte Road, which will be planned for the project. Proposed drainage for the project will comply with the Maricopa County standards for onsite and offsite drainage and retention and will be designed in conjunction with each phase. V. Justification and General Plan Compliance The proposed zoning request for the Property grew out of noteworthy events that have transpired in the past few years relating to traffic improvements and major planning policy changes by Queen Creek, in conjunction with Mesa, Maricopa County, the State Land Department, and Apache Junction. When the last Comprehensive Plan update and the associated land use maps were adopted, the information available on transportation planning, future traffic patterns, and development in the vicinity was limited, conceptual in nature, and relatively uncertain. Also, at the time, Signal Butte did not connect as far south as Santan Valley, and no plans had been published to that effect. Only Ellsworth Road and Ironwood Road had direct access to those communities to the south. Since 2014, significant policy changes affecting the Property have occurred. Specifically, Queen Creek has committed funding for upcoming roadway capital improvements designed to alleviate traffic conditions on its arterial streets. With the intent to provide alternative routes for traffic from Santan Valley heading toward Mesa’s freeways, improvements are planned between now and 2022 to improve and expand 4 arterial road connections to the SR 24 future alignment, including Ellsworth Road, signal Butte Road, Meridian Road, and Ironwood Road. These improvement plans were presented to the community in Queen Creek in January 2019 at the “Queen Creek Development Economic Forum. A July 15, 2019, article noted that Queen Creek partnered with Mesa to extend Signal Butte Road and Meridian Road to from Combs Road to the SR 24 (July 15, 2019, “Signal Butte Extension to Offer Regional Connectivity,” Queen Creek Independent, queencreekindependent.com). Figure 6 below summarizes these capital improvements, which are based on traffic studies in Queen Creek. GATEWAY AUTO MALL Page 7 Figure 4- Planned Road Improvements to Future SR 24 Another key change was also announced in July 2019 – Queen Creek approved the annexation of the State Trust Land located east of Meridian Road and south of SR 24, which is near the Property. Similarly, Apache Junction has been approved by the State Land Department to annex the area north of the SR and east of Meridian Road next to the abutting Destination PAD area (Dyer, Richard “Annexation of State Trust Land Bridging Gap Between Queen Creek, Apache Junction,” Queen Creek Independent, September 2, 2019, queencreek-independent.com). This news is evidence that the areas surrounding the Property are planned for growth sooner than later. When the property owner learned about these recent updates and plans to accelerate funding of Signal Butte Roads connection to the SR 24 by 2022, it became apparent that Signal Butte Road will end up becoming a key point in the region’s transformation. Inasmuch as Signal Butte will become principal gateway into Mesa with more traffic than was previously known, the effects of increased visibility on Signal Butte Road and the Property resulted in what became the requests proposed in this application. Accordingly, proposed on the Property is a regional commercial use on Signal Butte Road between Pecos Road and the SR-24, which responds to the dramatic events and future activity anticipated on Signal Butte Road. GATEWAY AUTO MALL Page 8 Compliance with the General Plan Vision, Objectives, and Guidelines The Property is consistent with the following Comprehensive Plan goals and policies, as follows: Land Use Goal: Achieve balanced and efficient development patterns. Response: Appropriate land use and zoning C-3 zoning is requested to provide for a balanced amount of regional commercial uses, auto dealerships, and other types of compatible uses near a freeway interchange. Land Use Policy #2: Maricopa County supports phasing plans for new urban development to coordinate such development with new urban services and infrastructure. Cost of Development Goals #2 Ensure that new development pays its reasonable share of the costs of new infrastructure, services, and other public improvements. Response: The Developer will be required to pay its fair share of improvements, which will reduce costs to the Maricopa County taxpayers. Gateway Auto is located adjacent to Signal Butte Road and the SR 24, which have undergone recent improvements by ADOT and Mesa, respectively. These new urban services and the Property’s access to utilities and drainage facilities are located in primarily the City of Mesa’s jurisdiction. This evidences how the public infrastructure has capacity to access and sustain the proposed commercial uses in Maricopa County property in a way that will be improved and managed by others. Land Use Policy #7, 10: Maricopa County supports coordinating planning, land use and infrastructure with planning with state agencies, counties, and municipalities. Response: As noted previously, the adjacent properties are being reviewed concurrently by the City of Mesa for the same Gateway Auto Mall regional commercial center in a land use plan that is coordinated to create one interrelated project. Site planning and utilities will comply with the requirement of the respective jurisdiction and be designed to stand alone in terms of compliance. Land Use Policy #22: Support compatibility with surrounding uses and areas near airports and rural areas. Response: Proposed commercial and employment uses will not have a detrimental effect on surrounding properties, because a majority are vacant. The site is located a great distance from the airport and is not in a sensitive sound overlay. Commercial and auto sales uses are the kind of land uses anticipated in the general airport area. The proposed use is likewise compatible and consistent with the commercial and employment nature of the area and the employment uses located near part of the Property’s eastern boundary. The adjacent streets and the landscape standards that the GATEWAY AUTO MALL Page 9 zoning ordinance imposes will provide adequate buffers for the surrounding uses. Arterial street compatibility: Auto malls are usually located along an arterial road at a freeway interchange, which occurs in this case. Gateway Auto Mall is located at the intersection of the alignment of the SR-24 freeway and two arterial roads – Signal Butte Road and Pecos Road, which makes it a good location for a regional destination for the broader area because of its access, visibility, zoning, and other factors. Both Pecos Road and Signal Butte Roads are planned for higher transportation volume and visibility. (General Plan, Transportation, p. 12-4). Economic Growth Goal #1: Contribute to an effective regional economy. Economic Growth Goal #2: Have a diverse and balanced economy to promote long-term economic stability and economic resiliency. Response: Approval of this request will grow the local economy and provide diverse types of jobs. The primary commercial uses proposed on the Property are designed to serve a population and economic base in the greater region, in addition to the immediate neighborhoods. Under the proposed zoning and uses contemplated on the Property, it will draw from potential consumers and from Unincorporated Maricopa County, Mesa, Gilbert, Queen Creek, and likely San Tan Valley residents that are anticipated to use the SR 24 at this future gateway into Mesa. The purpose of the proposed C-3 General Commercial is to “provide for commercial uses concerned with wholesale of distribution activities in locations where there is adequate access to major streets or highways while encouraging sustainable building practices. Principal uses permitted in this zoning district include retail and wholesale commerce and commercial entertainment.” (Section 805.1). This proposal achieves this intent by proposing retail, commercial, and auto-oriented uses and support services that serve a large trade area. This project will become a destination for retail and commercial shopping that has a draw to multiple jurisdictions. VI. Conclusion The proposed Gateway Auto Mall request is a promising opportunity for the County. This application addresses significant steps in the progress of development in the region by proposing regional commercial uses and other compatible uses along Signal Butte Road between the SR 24 alignment and Pecos Road. Located at an optimal site, the proposed development on the Property fulfills the purposes of the General Plan by providing benefits to the County through economic development growth and by providing jobs and services that promote public welfare. Page 1 of 2 Revised 3/1/23 Bob Fedorka, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 www.maricopa.gov/planning Email address: bob.fedorka@maricopa.gov Planning & Development Engineering Plan Review Date: April 5, 2023 Memo To: Darren Gerard, Planning Manager, Planning & Development Attn: Andrew Lorentzen, Planner, Planning and Development From: Bob Fedorka, PE, Engineering Supervisor, Planning and Development cc: Michael Norris, P.E., Engineering Manager, Planning and Development Subject: Z2023036 Re-Zone for Gateway Auto Mall (E1 Memo) This application is to specify zoning for future development and does not include a Plan of Development. PND Engineering has reviewed the 1st submittal for the subject application routed for review on March 23, 2023, and has no objections subject to the following conditions: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future entitlement (POD) application(s). 3. Right-of-way dedication along 222nd Street and Signal Butte Road may be required to accommodate road improvements required for site development. 4. Signal Butte Road is within the 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 within its jurisdiction. 5. The applicant is responsible for coordinating any requirements with ADOT given the site’s proximity to SR24. Page 2 of 2 Revised 3/1/23 6. 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. Date: May 9, 2023 To: Mr. Thomas Ellsworth, MPA, AICP Director of Planning and Development - Maricopa County From: Mary Kopaskie-Brown, AICP, CIP, OPPI Planning Director – City of Mesa Subject: Berge Auto Mall and Horne – Gateway Auto Mall Mr. Ellsworth: The City of Mesa would like to confirm that two separate applications are in process at the City related to the future Auto Malls on Signal Butte Road. The applications include: • Berge Auto Mall (ZON22-00267) which is located north of AZ 24, south of East Williams Field Road and on both sides of Signal Butte Road. • Horne – Gateway Auto Mall (ZON22-00435) which is located south of AZ 24, north of East Pecos Road and on both sides of Signal Butte. Attached are the related proposed zoning exhibits for each case. We understand that the County is concurrently reviewing applications for these two projects. The City supports the process that the applicant is undertaking in the two jurisdictions. Please let us know if you have any questions. Sincerely, Mary Kopaskie Brown, AICP, CIP, OPPI Planning Director