04. Z2022151 PZ Report
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Z2022151
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022151 – SWC 115th & Happy Valley Commercial
Hearing Date:
January 12, 2023
Supervisor District:
4
Applicant:
Chris Webb, Rose Law Group pc
Owner:
Imperial Development LLC
Request:
Zone Change with Overlay from Rural – 43 to C-2 CUPD
Site Location:
Approximately 310’ south of the SWC of Happy Valley Rd. and 115th
Ave.
Site Size:
Approximately 2.1 acres
Density:
N/A
County Island:
Yes (City of Peoria, City of Surprise)
County Plan:
White Tank / Grand Ave Area Plan - Small Lot Residential (2-5
du/acre)
Municipal Plan:
Peoria – Employment Business Commerce
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2022151
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Project Summary:
1.
The applicant is seeking a zone change from Rural – 43 to C-2 CUPD. The CUPD Overlay
is intended to reduce screening requirements, reduce speaker box setback to rural or
residential zoning, as well as limit the uses allowed on site. The request is for a conceptual
zone change and no Plan of Development has been submitted.
2.
The subject parcel has no recent history. A pre-application meeting was held on July 13,
2021. This application was submitted July 29. 2021 and the Technical Advisory Committee
meeting was held on September 6, 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’/10’(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%
Uses Permitted
All uses permitted in
the C-2 zoning
district
*Uses permitted are limited to:
Uses allowed in C-1, automobile
laundry, drive-in restaurants &
refreshment stands, restaurants &
cafes including patios cocktail
lounges and outside dinning and
drinking areas, retail stores, self-
storage facilities, and accessory
uses incidental to other allowed
uses
Min. Setback of
speaker box to rural
or residential zoning
districts
200’
50’
Site Enclosure and
screening –abutting
a rural
zoning district
≥6’ high solid
masonry wall when
abutting rural zoning
district, and site
enclosure of ≥6’ high
with building walls,
walls or fences of
any view obscuring
material.
Min. 3’ Parking screen wall on
north and west boundary
Z2022151
Page 3 of 7
2022 Aerial
Zoning Exhibit
Existing On-Site and Adjacent Zoning / Land Use:
3.
On-site:
Rural – 43 / Vacant
North:
Rural – 43 / Vacant
South:
115th Ave then C-3 / Self Storage
Z2022151
Page 4 of 7
East:
115th Ave then C-1 / Petrol Station
West:
Rural – 43 / Vacant
Utilities and Services:
4.
Water:
EPCOR
Wastewater:
EPCOR
School District:
Peoria Unified School District
Fire:
Arizona Fire and Medical Authority
Police:
Maricopa County Sheriff’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
115th Ave
60’
40’
Major Collector
Adopted Plans:
6.
PlanPeoriaAZ 2040 (adopted December 2020): Employment Business Commerce is
envisioned as high grade office space suitable for corporate headquarters, research and
incubator space as well as light industrial uses. The plan details these uses as developing
into campus like settings.
7.
White Tank / Grand Ave Area Plan (adopted December 6, 2000): Small lot single family
residential with urban services such as fire protection, sewer, and water service.
Public Participation Summary:
8.
The applicant performed public participation to meet minimum requirements. The site
was posted in two locations and property owners within 300’ along with interested parties
were notified of the proposal via a mailer sent through USPS. As of writing this report the
applicant has not made staff aware of any response generated from the public
participation.
Outstanding Concerns from Reviewing Agencies:
9.
N/A.
Staff Analysis:
10.
The original request and narrative presented to staff was requesting straight C-2 zoning
but the proposed uses were mostly uses that could be accommodated by C-1 zoning.
Staff suggested the applicant seek C-1 zoning as the lowest intensity zoning district to
support proposed uses is preferred. The applicant modified his request to seek C-2 CUPD.
The CUPD Overlay will limit the entitled uses to those allowed in C-1 as well as a handful
of C-2 uses, mostly drive-through type uses (restaurant, car wash, etc.). Staff feels these
Z2022151
Page 5 of 7
uses are appropriate for the site as it is in close proximity to the intersection of a major
collector and a principal arterial as well as entry/exit ramps to Loop 303. Several nearby
parcels have recently undergone similar zone change requests and similar uses are either
under construction or recently completed in the immediate area.
11.
The CUPD will also vary the zoning district’s development standards. The first is a reduction
to the minimum required 200’ setback to 50’ for a drive-through speaker box from rural
or residential zoning. As all property zoned Rural-43 within 200’ of the subject property is
either owned by the Maricopa County Department of Transportation or is vacant State
Trust Land. While this land potentially will be transferred to private ownership in the future
staff has no concern over the speaker box reduction. The applicant is also requesting a
reduction in screening requirements from a minimum 6’ view obstructing wall to a 3’
parking screen wall on the north and west boundaries of the site. Staff has no concerns
over this request for the same reasons stated above. It should be noted that the curved
southeastern lot line is across 115th Ave. from both C-3 and C-1 zoning and would not
require screening.
Recommendation:
12.
Staff recommends the Commission adopt a motion recommending that the Board of
Supervisors approve Z2022151 subject to the following conditions ‘a’ – ‘f’:
a.
Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Overall site Plan“, consisting of 1 full-size sheets, dated December 12,
2022 and stamped received December 12, 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 “SWC 115th Ave and Happy Valley Road”, consisting of 17 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 inferred by this review, including, but not limited to number of
proposed site layout, 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.
An updated traffic impact study addressing MCDOT’s comments must be
submitted with future entitlement (POD) application(s).
3.
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
Z2022151
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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 CUPD standards shall apply:
1. Uses Permitted:
a. Uses allowed in C-1
b. Automobile laundry
c. Drive-in restaurants & refreshment stands
d. Restaurants & cafes including patios, cocktail lounges, and outside
dinning and drinking areas
e. Retail stores
f. Self-storage facilities
g. Accessory uses incidental to the above
2. Min. setback of speaker box to rural or residential zoning districts: 50’
3. Min. site screening: 3’ parking screen wall
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 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.
Z2022151
Page 7 of 7
Presented by:
Joseph Mueller, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan/Land Use Plan (reduced 8.5”x11”, 1 page)
Narrative Report (17 pages)
MCESD comments (1 page)
DPR comments (2 pages)
MCDOT comments (2 Pages)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 2.11 approx.
Generated January 3, 2023 13:29 PM
Z2022151
Application Name:
Legal Description
SWC 115th & Happy Valley Commercial EDR
Applicant
Case Address
,
Chris Webb for Rose Law Group
25206 N 115TH Ave
Applicant Phone/Email
Parcel Primary:201-21-054E
480.240.5648
cwebb@roselawgroup.com
SUN CITY AZ 85373
Map scale 1:989
Supervisor District No.
ZONE CHANGE FROM RU-43 TO C-2 CUPD FOR PROPOSED COMMERCIAL SITE
5.3585 in
N 115TH AVE
25'
L.S.
20'
EXIST.
DIRT ROAD
SECTION LINE
25'
L.S.
10'
L.S.
FLOODWAY HEADWALL
FLOOD WAY
FLOOD PLAIN
L=59'±
N0°20'20"E
390.01'
S89°44'42"E
388.47'
RURAL-43
RURAL-43
STATE TRACT
G.L.O. LOT 53
G.L.O. LOT 54
65'
R.O.W.
65'
R.O.W.
10'
L.S.
L=55'±
R=835' L=445.37'
DEVELOPABLE AREA -
APPROX. 59,500sf
201-21-054E
91,838sf (2.11ac)
SUSTAINABILITY
ENGINEERING
GROUP
220305
PRE- APPLICATION
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE.
8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260
WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534
2022 06 01
BH
BH
AF
AF
BH
12/12/2022
2022 06 01
2022 06 01
2022 06 01
2022 06 01
SEG
SEG
HAPPY VALLEY COMMERCIAL
OVERALL SITE PLAN
OVERALL SITE PLAN
SCALE: 1" = 20'
0'
20'
40'
60'
SWC 115TH AVE & W HAPPY VALLEY
, SUN CITY, ARIZONA
A1.1
SITE PLAN
GENERAL NOTES:
1.
MENU BOARDS CONTAINING SPEAKERS SHALL NOT BE LOCATED ANY CLOSER THAN TWO-HUNDRED (200)
FEET TO A RURAL OR RESIDENTIAL ZONE. (OUR CURRENT DESIGN LAYOUT SHIELDS THE DRIVE THROUGH
LANES / PICK UP WINDOWS AND INHERENT SOUND BY BEING BACK TO BACK, HOWEVER OUR CLOSEST MENU
BOARD IS APPROXIMATELY 110' FROM OUR PROPERTY LINE, ADDITIONAL SCREENING CAN BE APPLIED).
2.
SITE VISIBILITY TRIANGLES ARE TO BE 25'X25'.
SWC 115th Ave & Happy Valley Road
A PLANNED COMMERCIAL DEVELOPMENT
REQUEST FOR ZONE CHANGE WITH OVERLAY
RU-43 TO C-2 CUPD
South of the SWC of 115th Ave. & Happy Valley Rd.
CASE # Z2022151
July 27, 2022
Revised November 8, 2022
Revised December 12, 2022
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road
PROJECT TEAM
PROPERTY OWNER
Imperial Development LLC
Rohit Tripathi
4600 E. Washington St. Suite 300
Phoenix, AZ 85034
(480) 330-8107
rohit@rohittripathi.com
PROPERTY OWNER REPRESENTATIVE
Chris Webb
7144 E. Stetson Dr. Suite 300
Scottsdale, AZ 85251
(480) 240-5648
cwebb@roselawgroup.com
ENGINEER/ARCHITECT
Ali Fakih
8280 E Gelding Drive #101
Scottsdale, AZ 85260
(480) 588-7226
ALI@azseg.com
TABLE OF CONTENTS
I.
Purpose of Request ............................................................................................................................. 1
II. Site Analysis ......................................................................................................................................... 1
III. Description of Proposal ...................................................................................................................... 2
IV. Relationship to Surrounding Properties ........................................................................................... 4
V. Location & Accessibility ..................................................................................................................... 5
VI. Circulation System (On & Off-Site) .................................................................................................. 5
VII. Development Schedule ........................................................................................................................ 5
VIII. Community Facilities & Services .................................................................................................... 5
IX. Public Utilities & Services .................................................................................................................. 5
X. Compliance with County Comprehensive Plan & City General Plan ............................................ 6
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 1
I.
Purpose of Request
The subject property, comprised of APN 201-21-054E and located just south of the southwest
corner of 115th Avenue and Happy Valley Road (the “Site), is vacant unimproved land owned by
Imperial Development LLC (the “Property Owner”) and is currently zoned RU-43 within
unincorporated Maricopa County. Exhibit A – Vicinity Map depicts the Site and surrounding area.
The extension of the Loop 303 freeway in 2003 brought growth to the area, including the expansion
of the City of Peoria’s jurisdictional boundary and development of County land. As growth and
development steadily continues around Loop 303, this location is ideal for an array of commercial
opportunities for local residents to enjoy. This area around the newly developed Loop 303 will
inevitably be developed to provide services to all new homes and industries in the area. With the
adjacent site to the east recently zoned as C-1 CUPD and approved for a QuikTrip gas station, new
commercial development on the Site will continue to bring small commercial services to the area
which is greatly lacking as it is currently developed.
The purpose of this request submitted by Rose Law Group pc, on behalf of the Property Owner, is
a Zone Change for the 2.11-acre Site from Rural-43 (RU-43) to Intermediate Commercial (C-2)
with a Commercial Unit Plan of Development (CUPD) Overlay. The Zone Change to Intermediate
Commercial (C-2) is intended to allow for commercial/retail uses such as fast food/coffee, gas
station, and/or car wash uses as permitted under the C-2 zoning designation. The Commercial Unit
Plan of Development (CUPD) Overlay is intended to allow the Site to operate with greater
flexibility in development standards to facilitate the creation of this new commercial development.
The proposed commercial development is envisioned to provide the surrounding community with
new commercial uses that will serve nearby residents and passing commuters. This will continue
to enhance growth around the Loop 303 area, while simultaneously meeting market demands.
II.
Site Analysis
A.
Site Location
The Site is approximately 2.11 acres located within unincorporated Maricopa County, just
south of the southwest corner of 115th Avenue and Happy Valley Road. The Site is a
triangular shaped parcel with approximately 457 feet of frontage along the curvature of
115th Avenue as it approaches Happy Valley Road. Approximately 625 feet to the north of
the Site lies the City of Peoria’s jurisdictional boundary, and further to the west is the
jurisdictional boundary of the City of Surprise. The Site is located approximately 800 feet
southwest of the Happy Valley Road/Loop 303 interchange.
B.
Existing Conditions
The Site is currently vacant and undeveloped, bordered by vacant undeveloped property
on its north and west sides, and planned commercial development on its east and south
sides. The property east of the Site was recently approved for a zone change (#Z2019009)
to allow commercial uses for a QuikTrip gas station. The property south of the Site was
also approved for a zone change (#Z2016068) for a commercial self-storage center. The
Loop 303 freeway is located just west of the Site, past the vacant and undeveloped State
Trust Land.
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 2
Due to the realignment of 115th Avenue, which curves to the east off of the section line
adjacent to the Site, the Site has been burdened by an existing 33-foot patent easement and
future 55-foot right-of-way along its western boundary (the 115th Avenue section line
alignment). The Property Owner recently completed the abandonment of the patent
easement (abandonment recorded as Document No. 2022-0398144, a copy has been
provided with this request) and has secured approval from MCDOT of a ROW Waiver
Request for future right-of-way which is no longer needed (a copy has been provided with
this request). The Site’s legal frontage is therefore its eastern boundary or its frontage along
the curvature of 115th Avenue.
Additionally, the Site contains Special Flood Hazard Areas associated with the Twin Buttes
Wash that traverses the site. The Site contains both regulated floodplains and a floodway.
To accommodate the unique shape of the Site and the location of the Twin Buttes Wash,
the developed portion of the Site will be located fully outside of the floodway and will
allow ample room for the Twin Buttes Wash.
III.
Description of Proposal
The Site is located within the Maricopa County White Tank/Grand Avenue Area Plan and is
designated as “Small Lot Residential (2-5 du/ac)” and “Mixed Use Employment”. The Site is also
located within the City of Peoria’s planning area boundary, where it is designated “Employment
Business Commerce” in the Peoria General Plan, with a small portion where the Twin Buttes Wash
is located designated as “Park / Open Space”. However, due to the small size of the Site, the
proposed Zone Change does not require an amendment to the White Tank/Grand Avenue Area
Plan, the County’s Comprehensive Plan, or the Peoria General Plan.
The proposed Zone Change will facilitate development of the Site with neighborhood friendly
commercial/retail uses. The proposed CUPD will allow all permitted uses within the C-1 zoning
district, as well as those permitted uses in the C-2 zoning district identified in Table 1 – Permitted
Uses below. Any uses not identified in Table 1 shall not be permitted.
Table 1: Permitted Uses
Base Zoning District
Use Description
C-1
All permitted uses per MCZO Article 803.2
C-2
Automobile Laundry (aka Car Wash)
C-2
Drive-In Restaurants & Refreshment Stands
C-2
Restaurants & Cafes, including patios, cocktail lounges, and outside
dining and drinking areas
C-2
Retail Stores
C-2
Self-Storage Facilities
C-2
Accessory Buildings & Uses customarily incidental to the above
As depicted in Exhibit B – Conceptual Site Plan, the CUPD will establish the applicable
development standards and perimeter landscaping/screening requirements for the development,
with flexibility provided for future pad development once the actual uses are determined. Access
will be from the Site’s only street frontage, 115th Avenue, and will be aligned with the existing
access point on the east side of the street. The proposed underlying “Intermediate Commercial” (C-
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 3
2) zoning and CUPD Overlay will provide more flexible development standards for this uniquely
shaped site. The proposed development standard deviations are outlined below in Table 2 – C-2
Development Standards Comparison herein.
Sample conceptual commercial elevations are provided in Exhibit C – Conceptual Building
Elevations. All County parking requirements will be met. Parking screen walls and a landscape
buffer will be provided along 115th Avenue, with additional larger landscape buffers provided on
the northern and western boundaries of the Site (see Exhibit D – Conceptual Landscape Plan).
Now that the Loop 303 is complete, with Happy Valley Road connecting the City of Peoria to the
Loop 101 and Vistancia to the northwest, this area is ripe for commercial development. With the
extensive growth taking place along the Loop 303, it is inevitable that the area around the Site will
continue to develop to provide services to all the new homes and industries flooding into the area.
The proposed development for the Site will continue to bring in small commercial services to the
area which is greatly lacking as residential development is booming.
Proposed Development Standards
The proposed development standards, including deviations to the C-2 development standards, are
described in Table 2: C-2 Development Standards Comparison. The Site will comply with all the
general C-2 base zoning district regulations. Specifically, the only development standard deviations
proposed for the Site are a reduction in the allowed proximity of a drive-thru speaker to a Rural or
Residential Zone from 200 feet to 50 feet, and certain screening modifications.
The proposed 50-foot distance and screen modifications are necessary and justified for the Site
because of its very small size, odd triangular shape, and relative isolation due to the Twin Buttes
Wash, and the vacant, undeveloped condition of the adjacent ASLD land which has Rural zoning.
As noted on Exhibit D – Conceptual Landscape Plan, the northeastern portion of the Site will not
be developed due to the Twin Buttes Wash floodway, thereby providing a natural buffer from
adjacent development. Additionally, the adjacent ASLD land to the west is anticipated to remain
vacant and undeveloped for quite some time. Finally, a significant landscape buffer will be
provided along the northern and western boundaries. Consequently, a reduction in the proximity of
drive-through speakers to Rural/Residential zones and the use of a 3’ screening wall (in-lieu of a
6’ wall) along the northern and western sides of the Site will not compromise buffering or quality
of life for any future adjacent development. Approval of these deviations will allow for additional
site planning flexibility to ensure the most beneficial flow of traffic throughout the Site.
Table 2: C-2 Development Standards Comparison
Regulation
Base Zoning District
Regulations (C-2)
Proposed Zoning District
Regulations (C-2 CUPD)
Maximum Height
40'
40’
Min. Front Yard (East)
10’
10’
Min. Side Yard
10'/3’
10’/3’
Min. Street-Side Yard
10'
10’
Min. Rear Yard (West)
25'
25’
Minimum Lot Area
6,000 sq ft
6,000 sq ft
Min. Lot Width
60'
60’
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 4
Maximum Lot Coverage
60%
60%
Screening
6’ solid wall
3’ parking screen wall on
north & west boundary
Drive-Through Menu
Board Regulations
Number of Menu Boards
(Max)
1 per business
1 per business
Maximum Square Feet
32 sq feet
32 sq feet
Maximum Height
7’
7’
Speaker Proximity to a Rural
or Residential Zone (Min.)
200’
50’
IV.
Relationship to Surrounding Properties
Given the Site’s longstanding vacant and undeveloped status, the proposed development is
envisioned to positively impact the surrounding area as it will bring much needed commercial
opportunities to the emerging Loop 303 area. With the rapid development surrounding the Loop
303, including housing, commercial, and retail, the almost entirely vacant, undeveloped area
surrounding the Site will grow into a multitude of commercial uses ready to serve the community.
Overall, the development of the proposed commercial project will result in an improvement to the
area’s economic vitality and will continue the trend of developing commercial establishments near
the Loop 303 and Happy Valley Road interchange.
Adjacent property to the west of the Site is State Trust Land that is similarly vacant and
undeveloped. Just past this undeveloped land to the west lies the Loop 303 freeway, approximately
800 feet away from the Site. The property immediately north of the Site is owned by the Maricopa
County Department of Transportation and remains vacant. However, directly east and south of the
Site are two commercially zoned parcels. Directly south of the Site lies an existing self-storage
center zoned C-3 CUPD. And directly east of the Site across 115th Avenue lies a parcel that recently
went through a zone change to C-1 CUPD (see Exhibit A – Vicinity Map). Along with the recent
zone change, the parcel to the east recently received the necessary approvals to develop a
“QuikTrip” gas station, making this request even more fitting for the area. Since the surrounding
properties are primarily vacant, undeveloped and commercial, the proposed C-2 CUPD zoning for
the Site is consistent with existing land use patterns and is suitable for the area. Table 3:
Surrounding Uses, Comprehensive Plan and Zoning Designations below provides a summary of
existing and surrounding land uses.
Table 3: Surrounding Uses, Comprehensive Plan, & Zoning Designations
Land Uses
Comprehensive Plan
Zoning
Site
Vacant
Mixed-Use Emp./Small Lot Residential (2-5 du/ac)
RU-43
North
Vacant
Small Lot Residential (2-5 du/ac)
RU-43
East
Vacant/Future
QuikTrip
Small Lot Residential (2-5 du/ac)
C-1
CUPD
South
Existing Storage
Building
Mixed Use Employment
C-3
CUPD
West
Vacant
Small Lot Residential (2-5 du/ac)
RU-43
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 5
V.
Location & Accessibility
The Site is conveniently located approximately 800 feet southeast of the Happy Valley Road/Loop
303 interchange, making it highly accessible to both local and regional traffic. Such proximity to
the interchange allows travelers passing by along the Loop 303 to conveniently access the Site.
Further, the Site fronts along 115th Avenue just south of Happy Valley Road, where both residents
and travelers will have seamless access to and from the proposed commercial uses on the Site via
the access point on 115th Avenue, which will be aligned with the existing access point on the east
side of the street. Ample parking will be provided, meeting or exceeding the County’s requirements.
VI.
Circulation System (On & Off-Site)
Off-site circulation and access will occur from the curved eastern property line on 115th Avenue
via the proposed access point. Any necessary improvements to 115th Avenue adjacent to the Site
will be at the cost of the developer, unless otherwise stated.
The Site will be designed to promote excellent internal circulation, parking, and queuing as
necessary to serve the end users, with traffic feeding in an out of the Site access on 115th Avenue.
VII. Development Schedule
It is anticipated that development of this commercial project will commence in 2023 immediately
upon approval of this Rezoning request and the subsequent Site Plan and improvement plan/permit
approvals. Actual timing of development will depend upon market conditions.
VIII. Community Facilities & Services
The Site is located within the Peoria Unified School District boundary and specifically designates
Zuni Hills Elementary and Liberty High School as the applicable schools, though the proposed
commercial development will not generate any students or impact these schools. Nearby public
parks include Alta Vista Park located approximately two miles southeast of the Site. The Site lies
south of the Maricopa Trail (Pleasant Parkway) which begins just west of the Site at the Happy
Valley Road and 119th Avenue intersection and travels northeast ending just north of the Loop 303
and Lake Pleasant Parkway intersection. The Site also lies just west of the Agua Fria River and
north of multiple golf clubs including Corte Bella Golf Club, Stardust Golf Course, Briarwood
Country Club, Hillcrest Golf Club, and many others. Sun City West, Lake Pleasant Towne Center
and Camino a Lago Marketplace are all within close proximity of the site and offer commercial
resources.
IX.
Public Utilities & Services
The Site will have access to all necessary public utilities and services such as refuse, sewer, water,
electric, police and fire. The following entities will provide services to the Site:
•
Water – EPCOR (will-serve letter provided with this request)
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road | 6
•
Sewer – EPCOR (will-serve letter provided with this request)
•
Refuse – Private Company
•
Electric – Arizona Public Service
•
Police – Maricopa County Sheriff’s Office
•
Fire – Arizona Fire and Medical Authority (will-serve letter provided with this request)
X.
Compliance with County Comprehensive Plan & City General Plan
As noted above and as dictated by the County Comprehensive Plan, the Site is located within the
Maricopa County White Tank/Grand Avenue Area Plan and is designated as “Small Lot Residential
(2-5 du/ac)” and “Mixed Use Employment”. However, due to the small size of the Site, the
proposed Zone Change does not require an amendment to the White Tank/Grand Avenue Area Plan
or the County’s Comprehensive Plan, which allow for changes of this type. The request is therefore
deemed to be in compliance with the Area Plan and the Comprehensive Plan.
The Site is also located within the City of Peoria’s planning area boundary, where it is designated
“Employment - Business Commerce” in the Peoria General Plan, with a small portion where the
Twin Buttes Wash is located designated as “Park/Open Space”. The small portion of the Site
designated “Park/Open Space” will not be developed but will instead be left essentially as-is to
preserve the existing wash corridor, consistent with the intent of the Peoria General Plan. The rest
of the Site will be developed with limited commercial uses that will support future employment
uses and growth in the surrounding area, as contemplated by the Peoria General Plan within the
“Employment - Business Commerce” designation. This request is therefore in compliance with the
Peoria General Plan.
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road
Exhibit A – Vicinity Map
SUBJECT PROPERTY
APN 201-21-054E
SWC 115th Avenue
& Happy Valley
(Commercial)
Vicinity/Parcel Map
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road
Exhibit B – Conceptual Site Plan
N 115TH AVE
25'
L.S.
20'
EXIST.
DIRT ROAD
SECTION LINE
25'
L.S.
10'
L.S.
FLOODWAY HEADWALL
FLOOD WAY
FLOOD PLAIN
L=59'±
N0°20'20"E
390.01'
S89°44'42"E
388.47'
RURAL-43
RURAL-43
STATE TRACT
G.L.O. LOT 53
G.L.O. LOT 54
65'
R.O.W.
65'
R.O.W.
10'
L.S.
L=55'±
R=835' L=445.37'
DEVELOPABLE AREA -
APPROX. 59,500sf
201-21-054E
91,838sf (2.11ac)
SUSTAINABILITY
ENGINEERING
GROUP
220305
PRE- APPLICATION
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE.
8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260
WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534
2022 06 01
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12/12/2022
2022 06 01
2022 06 01
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HAPPY VALLEY COMMERCIAL
OVERALL SITE PLAN
OVERALL SITE PLAN
SCALE: 1" = 20'
0'
20'
40'
60'
SWC 115TH AVE & W HAPPY VALLEY
, SUN CITY, ARIZONA
A1.1
SITE PLAN
GENERAL NOTES:
1.
MENU BOARDS CONTAINING SPEAKERS SHALL NOT BE LOCATED ANY CLOSER THAN TWO-HUNDRED (200)
FEET TO A RURAL OR RESIDENTIAL ZONE. (OUR CURRENT DESIGN LAYOUT SHIELDS THE DRIVE THROUGH
LANES / PICK UP WINDOWS AND INHERENT SOUND BY BEING BACK TO BACK, HOWEVER OUR CLOSEST MENU
BOARD IS APPROXIMATELY 110' FROM OUR PROPERTY LINE, ADDITIONAL SCREENING CAN BE APPLIED).
2.
SITE VISIBILITY TRIANGLES ARE TO BE 25'X25'.
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road
Exhibit C – Conceptual Building Elevations
SUSTAINABILITY
ENGINEERING
GROUP
220309
RE-ZONING APPLICATION
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE.
8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260
WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534
2022 06 01
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2022 06 01
2022 06 01
2022 06 01
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OVERALL SITE PLAN
SCALE: 1" = 200'
0'
200'
400'
600'
A2.1
EXTERIOR
ELEVATIONS
HAPPY VALLEY COMMERCIAL
TYPICAL QSR ELEVATIONS
SWC 115TH AVE & W HAPPY VALLEY
, SUN CITY, ARIZONA
Imperial Development LLC – SWC 115th Avenue and Happy Valley Road
Exhibit D – Conceptual Landscape Plan
N 115TH AVE
25'
L.S.
20'
EXIST.
DIRT ROAD
SECTION LINE
25'
L.S.
FLOODWAY HEADWALL
FLOOD WAY
FLOOD PLAIN
N0°20'20"E
S89°44'42"E
388.47'
RURAL-43
RURAL-43
STATE TRACT
G.L.O. LOT 53
G.L.O. LOT 54
65'
R.O.W.
65'
R.O.W.
DEVELOPABLE AREA -
APPROX. 59,500sf
REAR YARD
LANDSCAPE, 25'
FRONT YARD
LANDSCAPE, 25'
PARKING BUFFER
REQUIRED: 5'
PROVIDED: 9'
PARKING BUFFER
REQUIRED: 5'
PROVIDED: 9'
EXISTING LANDSCAPE TO REMAIN
(REGULATORY FLOODWAY)
FLOODPLAIN BOUNDARY
10'
L.S.
10'
L.S.
L=59'±
97.87'
L=55'±
R=835' L=445.37'
390.01'
PLANT SCHEDULE
HAPPY VALLEY COMMERCIAL
OVERALL SITE PLAN
SWC 115TH AVE & W HAPPY VALLEY
, SUN CITY, ARIZONA
LANDSCAPE PLAN
SCALE: 1" = 20'
0'
20'
40'
60'
LANDSCAPE NOTES:
1.
CLARIFICATION OF DISCREPANCIES BETWEEN THE CONSTRUCTION DOCUMENTS AND THE SITE
SHOULD BE BROUGHT TO THE ATTENTION OF THE LANDSCAPE ARCHITECT.
2.
ALL PLANT MATERIAL MUST MEET ANA SPECIFICATIONS.
3.
THE LANDSCAPE ARCHITECT AND OR OWNER'S REPRESENTATIVE RESERVES THE RIGHT TO REFUSE
ANY PLANT MATERIAL HE DEEMS UNACCEPTABLE. ALL PLANT MATERIAL SHALL BE INSPECTED PRIOR
TO INSTALLATION.
4.
PLANTS TO BE LOCATED AWAY FROM OBSTACLES SUCH AS FIRE HYDRANTS, TRANSFORMERS,
POWER POLES, AND LIGHT FIXTURES AS NECESSARY. DO NOT INSTALL PLANT MATERIAL IN ANY AREA
WHICH WILL CAUSE HARM TO ADJACENT IMPROVEMENTS.
5.
VERIFY PLANT QUANTITIES PRIOR TO INSTALLATION. QUANTITIES ARE LISTED FOR CONVENIENCE
ONLY, THE ACTUAL NUMBER OF SYMBOLS INDICATED ON THE PLANTING PLAN SHALL HAVE PRIORITY
OVER QUANTITIES DESIGNATED. NOTIFY THE LANDSCAPE ARCHITECT OF QUANTITY DISCREPANCIES
IMMEDIATELY.
6.
PLANT TREES, SHRUBS, AND CACTI PLUMP,AND FACED TO GIVE THE BEST APPEARANCE OR
RELATIONSHIP TO ADJACENT PLANTS OR VIEWS.
7.
NOTIFY OWNER AND LANDSCAPE ARCHITECT IMMEDIATELY SHOULD SOIL CONDITIONS BE PRESENT
WHICH WOULD PREVENT PROPER SOIL DRAINAGE AND ALLOW WATER TO STAND IN PLANTING PITS.
8.
DOUBLE STAKE ALL TREES OUTSIDE ROOTBALL, EXCEPT FOR SALVAGED TREES.
9.
LANDSCAPE CONTRACTOR TO PERFORM A SOILS TEST PRIOR TO LANDSCAPE CONSTRUCTION TO
DETERMINE ANY NUTRIENT DEFICIENCIES. IF ANY DEFICIENCIES EXIST, IT SHALL BE THE
RESPONSIBILITY OF THE CONTRACTOR TO AMEND THE SOIL ACCORDINGLY.
10.
SIGNS REQUIRE SEPARATE APPROVALS AND PERMITS.
11.
ALL TREES PLANTED WITHIN SIGHT VISIBILITY EASEMENTS ARE TO HAVE A 1'-0'' HT. CLEAR CANOPY
AT THE TIME OF PLANTING (TYP).
12.
ALL PLANTING PITS/HOLES TO RECEIVE A PRE-SOAKING "TEST" WITH FULL PERCOLATION OCCURRING
WITHIN 24 HOURS. IF NOT "CHIMNEY" HOLES NEED TO BE PUNCHED THROUGH THE FLOOR OF THE
WELL DEEP ENOUGH TO PASS THIS TEST-DEPTH WILL VARY.
LANDSCAPE SECTION / DETAILS
A1.2
LANDSCAPE PLAN
SUSTAINABILITY
ENGINEERING
GROUP
220305
PRE- APPLICATION
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE.
8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260
WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534
2022 06 01
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09/14/2022
2022 06 01
2022 06 01
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Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management
DATE:
August 2, 2022
TO :
Joseph Mueller, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
Zone Change from RU-43 to C-2 CUPD. Z2022151
The Maricopa County Environmental Services Department (MCESD) has reviewed
revised documents received from the Maricopa County Planning and Development
Department for the above referenced projects. This request is for a a Zone Change
for the 2.11-acre Site from Rural-43 (RU-43) to Intermediate Commercial (C-2) with
a Commercial Unit Plan of Development (CUPD) Overlay. The Zone Change to
Intermediate Commercial (C-2) is intended to allow for commercial/retail uses such
as fast food/coffee, gas station, and/or car wash uses as permitted under the C-2
zoning designation. The Commercial Unit Plan of Development (CUPD) Overlay is
intended to allow the Site to operate with greater flexibility in development
standards to facilitate the creation of this new commercial development at APN #
201-21-054E. Water and sewer services provider is EPCOR, MCESD has concerns,
ATC must be obtained prior to any construction permit approval.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department in Accela Automation on August 2, 2022 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.
Robert Fedorka, P.E.
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
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
August 19, 2022
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joseph Mueller, Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022151 - Zone Change (to C-2 CUPD)
(E1 Memo)
Job Site Address: 25206 N 115th Ave., Sun City
APN(s):
201-21-054E
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the Zone Change application routed for review on August 02, 2022, and
has the following comments.
1. The driveway location to 115th Avenue must be removed from all exhibits
submitted with this application.
2. MCDOT’s review comments of the TIS are attached hereto. The comments must
be addressed as part of the Plan of Development application.
The following conditions will 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. An updated traffic impact study must be submitted with future entitlement (POD)
application(s).
3. 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.
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 1
Project Name: SWC 115th and Happy Valley Commercial
Location: SWC 115th Ave and Happy Valley Road
MCDOT File No.:Z2022151
Date: 8/11/2022
Reviewer: Bonnie Perotti, PE
Phone No.: 602-506-4618
Consultant: Summit Land Management
Project No.: N/A
Plans Sealed By: Paul Basha, PE
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1
2
3
4
= = =
General
General
Figure 1
General
1st REVIEW (TS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Project Summary:
The proposed development is located approximately 660 feet south
of Happy Valley Road on the west side of 115th Ave in Maricopa
County. (APN201-21-054E:). The development will be served by one
(1) proposed access point on 115th Ave.
Proposed building plan will include a 5,000-square-foot drive-thru
fast-food restaurant and a 2,200- square-foot drive-thru coffee shop.
Using ITE LUC code 934 (Fast food/ drive through) and 937
(Coffee/Donut w/ drive through) the proposed site is estimated to
generate 3,370 daily trips (excluding outliers) with 415 AM peak hour
trips and 241 PM peak hour trips. Traffic analysis is based on an
opening year of 2024 and horizon year 2029.
Review Comments:
Traffic from this site impacts the intersection of Happy Valley Parkway and
115th Ave. This intersection is under the jurisdiction of the City of Peoria.
Submit this TIS to the City of Peoria for comment and approval. A copy of the
comments and approval shall be submitted to MCDOT prior to TIS approval.
Report anticipates a reduction in traffic at the 115th Ave and Happy Valley
Road intersection, but the report does not include traffic from the proposed
Rose Estates subdivision, QT gas station, or development on the north side of
Happy Valley Parkway. Add in traffic from these development.
Driveway access per Figure 1 shows the driveway aligning with the driveway
for the storage facility; however, the site plan does not show this. Clarify
driveway location with offsets from the existing driveway if any. Show existing
driveway at storage facility in your study.
Section 7.10 “Driveway Storage” per the RDM requires adequate vehicle
storage based on facility type. Provide this analysis/ Queuing analysis in your
revisions.
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
Project Name: SWC 115th and Happy Valley Commercial
Location: SWC 115th Ave and Happy Valley Road
MCDOT File No.:Z2022151
Date: 8/11/2022
Reviewer: Bonnie Perotti, PE
Phone No.: 602-506-4618
Consultant: Summit Land Management
Project No.: N/A
Plans Sealed By: Paul Basha, PE
CONSULTANT CODE:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Sheet
Number
Comments
Consultant
Reply
= = =
5
6
7
8
9
10
= = =
General
General
General
General
54
54
1ST REVIEW (PAVEMENT MARKING)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Review Comments:
Notify ADOT of the proposed development.
If the driveways aligns on 115th Ave, driveway shall be a limited movement
access with RI/RO/LI driveway. A pork chop (channelizing island) to be
installed to accommodate the turning path of a WB-50 design vehicle. Please
refer to MCDOT’s RDM Section 7.7.2, Figure 7.2.
Given that the SB through lane has more than 250 vehicles per hour and the
right turn volume is anticipated at 69 vph, provide right-turn lanes as per
below MCDOT requirements
•
minimum opening taper length shall be 180 feet as per ratio 15:1
[L:W]; Refer to RDM Section 5.20.2.
•
minimum storage length shall be 160 feet; actual storage length shall
be based on Section 2.11 mentioned in the MCDOT Traffic Impact
Study Manual, May 2017. Show the calculations in the revised traffic
study.
Provide left-turn lane at 115th Ave and the Driveway with:
• minimum storage length of 160 feet.
• actual storage length shall be based on Section 2.11 mentioned in the
MCDOT Traffic Impact Study Manual, May 2017. Show the
calculations in the revised traffic study.
Half Street improvement on 115th Ave shall include improvements to a
Modified Urban Principal Arterial (4 lanes and raised median) to include curb,
gutter, sidewalk and possibly a bike lane, the extension of the box and or
Guardrail adjustments. Coordination with Angela Macaluso is required on
offsite improvements. She can be reached at:
angela.macaluso@maricopa.gov Half Street improvements on Hatfield are
not required.
65’ half street right-of-way dedication is required for 115th Avenue.
THIS TRAFFIC IMPACT STUDY IS NOT APPROVED.
Signature: _____________________________________ Date: ___________
Use CODE
A, B, or C in
this column
next to every
comment.
= = = = =