02. Z2022079 PZ Report
Extracted text (via pymupdf)
20838 characters
Z2022079
Page 1 of 6
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022079 – Arizona RV Specialist L.L.C. Zone Change
Hearing Date:
January 12, 2023
Supervisor District:
2
Applicant:
Shane Buntrock, Buntrock, Harrison, & Gardner, PLLC
Owner:
Arizona RV Specialist LLC
Request:
Zone Change with Overlay from C-3 and R-5 to C-3 CUPD
Site Location:
Generally located approx. 165’ west of the SWC of Apache Trl. And
Glenmar Rd.
Site Size:
41,600 Sq. Ft.
Density:
N/A
County Island:
Yes (City of Mesa)
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
City of Mesa – Neighborhoods
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2022079
Page 2 of 6
Project Summary:
1.
The applicant is proposing a zone change to C-3 CUPD. One primary objective of the
proposal is to bring the parcel, which is currently split zoned as C-3 and R-5, under one
unified zoning designation. The proposed zoning overlay also includes a modest
reduction to the side yard setback from ten feet when adjacent to residential zoning to
five feet. This is due to existing structures in the southern portion of the parcel that were
constructed in adherence to the five foot side yard setback as required in R-5 zoning.
2.
Staff found no history in the past five years prior to the pre-application meeting on the
subject proposal, held on April 4, 2021. Following the pre-application meeting the
applicant combined APNs 218-42-002 and 218-42-003 into one parcel, APN 218-42-003A.
The application was submitted April 13, 2022 and the Technical Advisory Committee
meeting was held on May 17, 2022.
REGULATION
BASE ZONING
DISTRICT
REGULATIONS (C-2)
PROPOSED ZONING REGULATIONS
(C-2 CUPD)
Height
40’
40’
Min. Front Yard
10’
10’
Min. Side Yard
3’/10’(abutting rural
or residential)
3’/5’(abutting rural or residential)
Min. Rear Yard
25’ (abutting rural or
residential)
25’ (abutting rural or residential)
Min. Lot Area
6,000 sq. ft.
6,000 sq. ft.
Min. Lot Width
60’
60’
Max. Lot Coverage
60%
60%
Zoning Exhibit
Z2022079
Page 3 of 6
2022 Aerial
Aerial Showing Approximate Zoning Boundary Line
Existing On-Site and Adjacent Zoning / Land Use:
3.
On-site:
C-3 and R-5 / RV repair
North:
Apache Trl. Then C-3 / retail
South:
R-5 / vacant
East:
C-3 / vacant
Z2022079
Page 4 of 6
West:
C-3 and R1-6 / Mobile home park
Utilities and Services:
4.
Water:
City of Mesa
Wastewater:
Septic
School District/s:
Mesa Unified School District
Fire:
Rural Metro
Police:
Maricopa County Sherriff’s Office
Right-of-Way:
5.
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
Apache Trl
100’
100’
Principal Arterial
Adopted Plan:
6.
Mesa 2040 General Plan (adopted June 16, 2014): The neighborhoods classification is to
denote a primarily residential area with supporting amenities and small scale commercial
development.
Public Participation Summary:
7.
The applicant met the minimum requirements for public participation, sending letters to
property owners within 300’ of the subject property as well as providing two sign postings
on site. The public participation garnered no response.
Outstanding Concerns from Reviewing Agencies:
8.
N/A
Staff Analysis:
9.
The subject site is located on a principal arterial road and is adjacent to C-3 zoning to
the east, west, and north. The proposal will expand the existing C-3 on site to cover the
entire parcel, eliminating the existing split zoning and will formalize the existing
commercial uses on the property that are already encroaching into the southern, R-5
zoned portion of the property. The zone change will also eliminate a setback issue with
existing buildings that are bisected by the zoning boundary. Given the fact that many
similar uses are in the area, and that the entire parcel is currently used in a way
appropriate for C-3, staff feels that the expansion of C-3 to the entire parcel is warranted
and appropriate.
10.
The proposed overlay includes just one requested reduction in setback standards, a five
foot side yard setback from residential where ten feet is required. Since the northern
Z2022079
Page 5 of 6
portion of the subject parcel is adjacent to C-3 to the east and west and the southern
portion of the parcel is adjacent to residential the proposed variation would allow for
consistent setbacks over the entirety of the parcel. Staff has no concerns over the
proposed setback reduction.
Recommendation:
11.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022079 subject to the following conditions ‘a’ – ‘f’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Site Plan“, consisting of 1 full-size sheet, dated January 15, 2022 and
stamped received April 13, 2022, 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 “Proposed Zoning Change for APM: 218-42-003A Narrative Report
(2nd) with Commercial Plan of Development (CUPD))”, consisting of 3 pages,
dated December 12, 2022, and stamped received December 12, 2022, except as
modified by the following conditions.
c.
The following Planning Engineering conditions shall apply:
1.
Without the submittal of a precise plan of development, No development
approval is implied by this review, including, but not limited to 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.
Any development must ensure that historic drainage patterns are
maintained at the up and downstream limits of development.
3.
A traffic impact study must be submitted with any future entitlement
application (i.e. plan of development)
4.
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 C-3 CUPD standards shall apply:
1.
Side setback adjacent to residential: 5’
Z2022079
Page 6 of 6
e.
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.
f.
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.
Presented by:
Joseph, Mueller
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (4 pages)
MCESD comments (1 page)
DPR comments (1 page)
ADOT Response (2 pages)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
2
Gross Acres: 1 approx.
Generated January 3, 2023 13:24 PM
Z2022079
Application Name:
Legal Description
Arizona RV Specialist LLC Zone Change EDR
Applicant
Case Address
,
Shane D Buntrock for Buntrock Harrison & Gardner Law, PLLC
8723 E APACHE Tr
Applicant Phone/Email
Parcel Primary:
480.664.7728
shane@bhglaw.com
MESA AZ 85208
Map scale 1:987
Supervisor District No.
218-42-003A
ARIZONA RV ZONE CHANGE FROM R-5 TO C-3 RE APN 218-42-003A.
5.3585 in
Proposed Zoning Change for APN: 218-42-003A
Narrative Report (2nd) with Commerical Plan of Development
(CUPD)
Location:
8723 E. Apache Trail, Apache Junction AZ 85207
[On the south side of Apache Trail (Main Street)
between Sossaman Road and Ellsworth Road]
Case No.:
Z2022079
Vicinity Map
BUNTROCK HARRISON & GARDNER LAW, PLLC
2158 NORTH GI LB E RT ROA D, S UITE 119
M ES A, A RI ZONA 85203
480-664-7728
Page 1
Proposed Zoning Change for APN: 218-42-003A
Purpose of Request
The purpose of this zoning change application is to request that the zoning for Parcel No. 218-42-
003A (the “Property”) be changed from R-5 and C-3 to C-3 with CUPD overlay for structures that
do not currently meet setback requirements.
Description of Proposal
The Property is owned by Arizona RV Specialists LLC, an Arizona limited liability company
(the “Owner”). The Property is approximately 0.955 acres and has frontage on Apache Trail. The
northerly portion of the Property is zoned C-3, and the southerly portion of the Property is zoned
R-5. Across the Property and the Adjoining Property is a small commercial building
encompassing a front office, automotive repair bays and storage.
The Owner seeks a change in the zoning so that the entire parcel is zoned C-3 with CUPD overlay
for structures that do not meet setback requirements, and can be sold as a single commercial
property rather than a parcel that is half-commercial and half multi-family residential.
There are no current plans for any future development of the Property. The Owner would prefer
to obtain the zoning change and depending on market conditions consider whether to sell the
Property as is. The current use of the Property is consistent with C-3 zoning. The Property’s
highest and best use is as a property with C-3 zoning.
CUPD Comparison Chart
Regulation
R-5 Zoning
C-3 Zoning
Proposed C-3 with
CUPD Overlay
Building Height
40 feet
40 feet
40
Front Yard Setback
20 feet
10 feet
10 feet
Side Yard Setback
5 feet
10 feet
5 feet
Rear Yard Setback
25 feet
25 feet
25 feet
Lot Area
6,000 sq. feet
6,000 sq. feet
6,000 sq. feet
Lot Width
60 feet
60 feet
60 feet
Lot Area per Dwelling
1,000 sq. feet
N/A
N/A
Lot Coverage
60%
60%
60%
Page 2
Regulation
R-5 Zoning
C-3 Zoning
Proposed C-3 with
CUPD Overlay
Parking Spaces
SEE PARKING
REGULATIONS
[1102.1.1]
2 per Dwelling
SEE PARKING
REGULATIONS
[1102.1.4.]
One per 250 square
feet of floor area +
one per 5,000
square feet of
outside display area;
and + one per 100
square feet of
outdoor seating
area; and + four per
golf course green
One per 250 square
feet of floor area +
one per 5,000
square feet of
outside display area;
and + one per 100
square feet of
outdoor seating
area; and + four per
golf course green
Screening
Unknown
A solid wall not less
than 6 feet
A solid wall not less
than 6 feet
Vicinity Zoning Map
Page 3
Relationship to Surrounding Properties
The north border of the Property has frontage on Apache Trail, a former highway and major
arterial road. The northerly portion of the Property is bordered to the east and west by property
zoned C-3. The southerly portion of the Property is bordered to the south and west by properties
zoned R1-6 and to the east by property zoned R-5. Directly across Apache Trail to the north the
properties are zoned C-3 at their southern border on Apache Trail. All other properties to the east
and west along the south and north sides of Apache Trail are zoned C-3 from Apache Trail to a
depth of approximately 200 feet.
Location and Accessibility
The Property is on a major arterial road, Apache Trail.
Circulation System
The Property’s current use is consistent with the proposed zoning change and no change in
development is planned. Thus, no on- or off-site traffic circulation plans or drainage plans were
prepared.
Development Schedule
Not applicable.
Community Facilities and Services
The proposed zoning change would not have any effect on current community facilities or
services.
Public Utilities and Services
The Property is served by the City of Mesa for water supply and is on septic system for
wastewater. The Owner currently contracts with Right Away Disposal for garbage collection.
Electricity is provided by SRP. The Owner currently receives telephone services through
CenturyLink. The Property is in a county island so police services would be provided by the
Maricopa County Sheriff’s Office and fire services would be available via a subscription
agreement with Rural Metro.
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 372-2907
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water & Waste Management Division
DATE:
April 21, 2022
TO :
Joseph Mueller, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
SUP Minor Amendment. Z2022081
The Maricopa County Environmental Services Department (MCESD) has received
documentation for a DISH WIRELESS MODIFICATION PROJECT - CROWN CASTLE BU
#828646 COLLOCATION FOR WIRELESS TELECOMMUNICATION FACILITY (WTF)
APPLICATION 14808 N BOSWELL BLVD, SUN CITY, AZ 85351 (PARCEL #200-60-465)
According to the documents submitted, WCF do not required water or sewer services.
MCESD has no concerns.
Based on the above, MCESD raise no concern to this project to the Planning &
Development Department in Accela Automation on April 21, 2022.
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 Ave., 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:
May 05, 2022
Memo To:
Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joseph Mueller, Planner, Planning & Development Services
From:
Doug Jones, P.E., Plans Examiner Engineer, Planning & Development
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Robert Fedorka, P.E., Engineering Supervisor, Planning & Development
Subject:
Z2022079 Zone Change (C-3 and R-5 to C-3) for Arizona RV Specialist
Without a Plan of Development
(E1 Memo)
Job Site Address:
8723 E APACHE Tr, MESA, AZ 85208
APN(s):
218-42-003A
This application is to rezone the southern portion of the parcel to be consistent with
the northern part (C-3) and does not include a Plan of Development.
PND engineering plan review (DPR, FCD and PND Transportation) has reviewed the 1st
submittal of the Zone Change application routed for review on April 19, 2022 and has
no objections subject to the following conditions:
1. Without the submittal of a precise plan of development, no development approval
is implied by this review, including, but not limited to 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. Any development must ensure that historic drainage patterns are maintained at
the up and downstream limits of development.
3. A traffic impact study must be submitted with any future entitlement application
(i.e. plan of development).
4. 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.
1
Joseph Mueller (PND)
From:
Bernadette Martinez <bmartinez@azdot.gov>
Sent:
Monday, May 2, 2022 3:01 PM
To:
Joseph Mueller (PND)
Cc:
Peggy Fehlman
Subject:
ARIZONA RV SPECIALIST Z2022079 8723 E MAIN ST
RE: Notice Number Z2022079
Subject Name ARIZONA RV SPECIALIST
APN (if provided) 218-43-003A
Subject Address (if provided) 8723 E MAIN ST
Good Afternoon,
Thank you for the above referenced project notification. ADOT’s Regional Traffic Engineering group has reviewed the
current information given for this project and come to the conclusion that the project will not have a significant impact
on the traffic criterion used by ADOT. However, due to your project being adjacent to ADOT right of way, ADOT would
like to review any impacts that may arise regarding ADOT facilities such as utility tie ins, drainage, fencing along right of
way, traffic control if necessary, or landscape encroachment within ADOT R/W during construction, along with any other
potential impact items. Could you please send a site and drainage plan if you haven’t already. I have attached some of
the ADOT drainage and wall requirements for your reference. See Permit Encroachment Process Links.
Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits.
Permit General Mailbox is: Centralpermit@azdot.gov
Permit Sign Process Link - https://azdot.gov/business/permits/outdoor-advertising-sign-permits.
ADOT reserves the right to review any future plans, additions and/or changes to this development in regards to any
impact they may have on the State Highway System.
ADOT would like to remind the developer there is ADOT Right of Way in the area and they
must not encroach upon it without a permit. No work shall begin on ADOT right of way until
said permit is obtained.
We appreciate receiving the notice, and the opportunity to review and comment. I am happy to assist with any other
questions or concerns.
Bernadette Martinez
Right of Way Coordinator Assistant
Central District
2140 W. Hilton Ave, MD 700
Phoenix, AZ 85009
602.712.2086
To help
protect y
privacy,
Micro so f
Office
prevente
auto mati
downloa
this pictu
from the
Internet.
---------- Forwarded message ---------
From: Joseph Mueller (PND) <Joseph.Mueller@maricopa.gov>
Date: Thu, Apr 21, 2022 at 3:21 PM
Subject: Z2022079 - Arizona RV Specialist LLC Zone Change
2
To: lmalloque@dot.state.az.us <lmalloque@dot.state.az.us>, swilken@azmag.gov <swilken@azmag.gov>,
VWolfley@azmag.gov <VWolfley@azmag.gov>, redletter@azdot.gov <redletter@azdot.gov>, GregHarmon@msn.com
<GregHarmon@msn.com>, azcakes@mac.com <azcakes@mac.com>, Jack Farmer <jack@santolinafarm.com>,
planning.info@mesaaz.gov <planning.info@mesaaz.gov>, nana.appiah@mesaaz.gov <nana.appiah@mesaaz.gov>,
Eileen Baden (PRK) <Eileen.Baden@maricopa.gov>, kcotner@azmag.gov <kcotner@azmag.gov>, pe@azland.gov
<pe@azland.gov>, Karl Gosch (MCSO) <K_Gosch@mcso.maricopa.gov>
Good afternoon,
This email is to alert you of a proposed zone change on APN 218-43-003A in the Mesa area: 8723 E Main St. The
proposed zone change is to bring the entire parcel into the C-3 Zoning District, it is currently C-3 on the northern half
and R-5 on the southern half.
The Technical Advisory meeting for the case will be held on May 17.
Please let me know of any questions, comments, or concerns.
Kind Regards,
Joseph Mueller
Planner
Maricopa County Planning And Development
602-506-7629
Joseph.Mueller@Maricopa.Gov