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December 6, 2023
Z2022212
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
December 6, 2023
Case #/Title:
Z2022212 – 5251 S. 43rd Avenue Rezone
Supervisor District:
5
Applicant/Owner:
Peter Batschelet, Lee Enterprises / H & K Holdings Trust
Request:
Rezone from Rural-43 to IND-2 IUPD
Site Location:
Generally located approximately 550’ northeast from NEC of
Sunland Ave. and 43rd Ave. in the Laveen area
Site Size:
Approximately 4.76 acres
County Island Status:
Yes, City of Phoenix
Additional
Comments:
The request is for a rezone from Rural-43 to IND-2 IUPD. The site is
located within an industrial area with virtually all nearby parcels
hosting some measure of industrial activity. Rezoning the parcel
would allow uses in alignment with all other nearby uses. There are
no outstanding concerns from reviewing agencies. There have
been no comments from the City of Phoenix or other jurisdictions.
There is no known opposition. The IUPD Overlay will limit entitled
use of the site and will liberalize the minimum required side setback
to match IND-2 standards as the parcel to the south, while entitled
under an industrial Special Use Permit, is still zoned Rural-43.
Commission
Recommendation:
On 11/2/23, the Commission voted 5-0 to adopt a motion
recommending the Board of Supervisors approve Z2022212
subject to conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the narrative report
entitled “Rezone Narrative”, consisting of 9 pages, dated September 20, 2023 except as
modified by the following conditions.
b.
The following IUPD overlay standards shall apply:
a.
Side setback adjacent to a rural zoning district: 3’
b.
Allowed uses:
December 6, 2023
Z2022212
Page 2 of 3
1.
Any use permitted in the IND-1 Zoning District, including a Medical
Marijuana Dispensary or a Medical Marijuana Offsite Cultivation
Location subject to all the regulations specified in the use regulations
for such IND-1 Zoning District unless the use is otherwise regulated in
this Section.
2.
Construction equipment, including sales, service, rental and storage.
3.
Public utility treatment and generating plants including sewage,
wastewater, water, power, electrical, nuclear and solar, and including
ancillary offices. Attendant facilities and appurtenances to the above
uses as well as uses associated with service to the public of water, gas,
telephone and cable television. Where an electrical generating plant is
in operation, evaporation ponds and other appurtenances may be
permitted provided such evaporation ponds or appurtenances are
associated within the facility being served.
4.
Training centers, industrial
5.
Truck terminals, including service and storage.
6.
Any other office, laboratory, manufacturing and assembly uses similar
to those uses enumerated herein which do not create any danger to the
public health, safety and general welfare in surrounding areas and
which do not create any offensive noise, vibration, smoke, dust, odor,
heat or glare, and which by reason of high value in relation to size and
weight of merchandise received and shipped create very little truck
traffic.
7.
Accessory buildings and uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may
be permitted as an accessory use as set forth in Section 1206 of this
Ordinance. Where renewable energy systems involve the generation or
striate of electricity, only grid-connected or offgrid systems are
permitted.
c.
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.
Right of Way Dedication to provide a 55’ half-width along the site’s 43rd Avenue
frontage is required. The right-of-way dedication must be completed prior to the
issuance of any building permits on the site.
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
December 6, 2023
Z2022212
Page 3 of 3
for Maricopa County; MCDOT Roadway Design Manual; and current engineering
policies, standards and best practices at the time of application for construction.
d.
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.
e.
Noncompliance with any Maricopa County regulation or ordinance shall be grounds for
initiating a revocation of this zone change as set forth in the Maricopa County Zoning
Ordinance.
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.
g.
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:
Joel Landis, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
11/2/23 P&Z Packet (21 pages)
Note:
11/2/23 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
Z2022212
Page 1 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2022212 - 5251 S. 43rd Avenue Rezone
Hearing Date:
November 2, 2023
Supervisor District:
5
Applicant:
Peter Batschelet
Owner:
H & K Holdings Trust
Request:
Rezone from Rural-43 to IND-2 IUPD
Site Location:
Generally located approximately 550’ from NEC of Sunland Ave. and 43rd
Ave. in the Laveen area
Site Size:
Approximately 4.76 acres
Density:
N/A
County Island:
Yes, City of Phoenix
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
City of Phoenix – Estrella Village Plan – Industrial
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
Z2022212
Page 2 of 7
Project Summary:
1.
The applicant, Peter Batschelet, is proposing to rezone a Rural-43 zoned parcel to IND-2 IUPD to
support future industrial development. While an end-user has not yet been found, it is expected
the site may develop into an interim industrial or outdoor storage use.
2.
While no entitlements exist for the parcel, it is apparent through images from Google Streetview
that as late as 2020, the site was being used as a non-profit ranch which used equine assisted
learning to assist those who were physically disabled or had developmental disabilities. The
surrounding area contains almost entirely industrial uses. Notably, the site directly south is
entitled under a special use permit to allow manufacturing of modular homes and there exists a
large, active mine less than a quarter mile to the northeast.
3.
The following table identifies certain base, IND-2 district development standards and the
modifications of those standards necessary to provide for the current request.
Standard
Base
IND-2 Standards
Proposed
IND-2
IUPD Standards
Setback from South
Lot Line (MCZO 902.3)
Where a lot is adjacent to a rural or
residential zoning district, there shall be a
side yard on the side of the lot adjacent to
such rural or residential zoning district
having a width of not less than five feet.
Where a lot is adjacent to a
rural or residential zoning
district, there shall be a side
yard on the side of the lot
adjacent to such rural or
residential zoning district
having a width of not less
than three feet
4.
The following table identifies the allowed uses under the IUPD overlay.
Allowed uses within the IND-2 IUPD Overlay
1. Any use permitted in the IND-1 Zoning District, including a Medical Marijuana Dispensary or a Medical
Marijuana Offsite Cultivation Location subject to all the regulations specified in the use regulations for
such IND-1 Zoning District unless the use is otherwise regulated in this Section.
2. Construction equipment, including sales, service, rental and storage.
3. Public utility treatment and generating plants including sewage, wastewater, water, power, electrical,
nuclear and solar, and including ancillary offices. Attendant facilities and appurtenances to the above
uses as well as uses associated with service to the public of water, gas, telephone and cable television.
Where an electrical generating plant is in operation, evaporation ponds and other appurtenances may
be permitted provided such evaporation ponds or appurtenances are associated within the facility
being served.
4. Training centers, industrial
5. Truck terminals, including service and storage.
6. Any other office, laboratory, manufacturing and assembly uses similar to those uses enumerated
herein which do not create any danger to the public health, safety and general welfare in surrounding
Z2022212
Page 3 of 7
areas and which do not create any offensive noise, vibration, smoke, dust, odor, heat or glare, and
which by reason of high value in relation to size and weight of merchandise received and shipped
create very little truck traffic.
7. Accessory buildings and uses customarily incidental to the above uses. Renewable energy systems
are not permitted as a primary use but may be permitted as an accessory use as set forth in Section
1206 of this Ordinance. Where renewable energy systems involve the generation or striate of electricity,
only grid-connected or offgrid systems are permitted.
Zoning map oriented north showing the parcel and surrounding area. The subject parcel, currently zoned
Rural-43, is surrounded by industrial uses.
2023 site aerial oriented north.
Z2022212
Page 4 of 7
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural-43 / Interim industrial
North:
IND-2 SUP / Interim industrial
South:
Rural-43 SUP / Interim industrial
East:
Rural-43 SUP / Interim industrial
West:
IND-2 / Interim industrial
Utilities and Services:
6.
Water:
City of Phoenix
Wastewater:
On-site septic
Fire:
City of Phoenix
Police:
City of Phoenix
Right-of-Way:
7.
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
S 43rd Ave
33’
40’
Major Collector
Adopted Plans:
8.
Estrella Village Plan – Industrial (adopted 1999): The industrial zoning districts allow for a wide
range of industrial activity.
9.
Maricopa County Vision 2030 (adopted 2013): Designates the subject site as Rural Development
Area (0-1 d.u./ac).
Public Participation Summary:
10.
The applicant complied with the Maricopa County public participation process with the required
posting of the property and the notification to the adjacent property owners within 300’ of the
subject site. Staff has not received any notice of opposition or support to the request.
Outstanding Concerns from Reviewing Agencies:
11.
N/A.
Staff Analysis:
12.
Staff supports this rezone application as it is consistent with surrounding land uses and
development patterns. The surrounding area has been or is in the process of industrializing. The
lack of public infrastructure currently available on-site limits the applicant to interim land uses.
Future applicants would be encouraged to seek annexation into the City of Phoenix for more
comprehensive development proposals.
Z2022212
Page 5 of 7
13.
The applicant is only requesting a singular variance to the IND-2 standards, which would be to
allow for a smaller side-setback in addition to limiting uses through the IUPD overlay. This
variance, which would reduce the side yard setback to 3’, would have a minimal impact as the site
to the south, despite being rural zoned, is being used for industrial purposes and therefore limiting
the setback would not create a potential harm.
Recommendation:
14.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2022212 subject to the following conditions ‘a’ – ‘g’:
a.
Development of the site shall be in substantial conformance with the narrative report
entitled “Rezone Narrative”, consisting of 9 pages, dated September 20, 2023 except as
modified by the following conditions.
b.
The following IUPD overlay standards shall apply:
a. Side setback adjacent to a rural zoning district: 3’
b. Allowed uses:
1. Any use permitted in the IND-1 Zoning District, including a Medical
Marijuana Dispensary or a Medical Marijuana Offsite Cultivation
Location subject to all the regulations specified in the use regulations
for such IND-1 Zoning District unless the use is otherwise regulated in
this Section.
2. Construction equipment, including sales, service, rental and storage.
3. Public utility treatment and generating plants including sewage,
wastewater, water, power, electrical, nuclear and solar, and including
ancillary offices. Attendant facilities and appurtenances to the above
uses as well as uses associated with service to the public of water, gas,
telephone and cable television. Where an electrical generating plant is
in operation, evaporation ponds and other appurtenances may be
permitted provided such evaporation ponds or appurtenances are
associated within the facility being served.
4. Training centers, industrial
5. Truck terminals, including service and storage.
6. Any other office, laboratory, manufacturing and assembly uses similar
to those uses enumerated herein which do not create any danger to the
public health, safety and general welfare in surrounding areas and
which do not create any offensive noise, vibration, smoke, dust, odor,
heat or glare, and which by reason of high value in relation to size and
weight of merchandise received and shipped create very little truck
traffic.
7. Accessory buildings and uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may
Z2022212
Page 6 of 7
be permitted as an accessory use as set forth in Section 1206 of this
Ordinance. Where renewable energy systems involve the generation or
striate of electricity, only grid-connected or offgrid systems are
permitted.
c. 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.
Right of Way Dedication to provide a 55’ half-width along the site’s 43rd Avenue
frontage is required. The right-of-way dedication must be completed prior to the
issuance of any building permits on the site.
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.
d.
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.
e.
Noncompliance with any Maricopa County regulation or ordinance shall be grounds for
initiating a revocation of this zone change as set forth in the Maricopa County Zoning
Ordinance.
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.
g.
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.
Z2022212
Page 7 of 7
Presented by:
Joel Landis, Planner
Reviewed by:
Darren Gerard, AICP, Planning Manager
Attachments:
Case Map (1 page)
Zoning Exhibit (1 page)
Narrative Report/Ex. Summary (9 pages)
Engineering Comments (1 page)
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MONUMENT TABLE
SW. COR. SEC. 27 - FND BRASS CAP IN HANDHOLE
W. 1/4 COR. SEC. 27 - FND BRASS CAP IN HANDHOLE
S. 1/4 COR. SEC. 27 - FND BRASS CAP FLUSH
CEN. OF SEC. 27 - CALC'D POSITION PER OPPOSING
QUARTER CORNERS
N. 1/4 COR. SEC. 27 - FND BRASS CAP FLUSH
E. 1/4 COR. SEC. 27 - FND BRASS CAP FLUSH - ALSO
FND BRASS CAP FLUSH, N. 87"37'37" E., 21.46' AS SHOWN
ON (R6)
SW. COR. LOT 33, (RT) - CALC'D POSITION
SE. COR. LOT 33, (RT) - CALC'D POSITION
NE. COR. LOT 33, (RT) - CALC'D POSITION
NW. COR. LOT 33, (RI) - CALC'D POSITION
SET 1/2" REBAR W/CAP L.S. 31020
FNO 1/2" REBAR W/CAP L.S. 27742 PER (R4)
FND 1/2" REBAR W/CAP L.S. 31020 PER (R7) - ALSO
FNO 1/2" REBAR W/ILLEGIBLE CAP, WEST 0.68' - REBAR
APPEARS TO BE A COR. OF DEED 2004-0356629, M.C.R.
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GOETZENBERGER
3/31/22
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REV.
JOB NO.: 220248
70'
30'
60'
25'
30'
,I 7'"
-.
ASPHALT MILLINGS
FUTURE
ASPHALT MILLINGS
OWNER: H & K HOLDINGS TRUST
AUTHORIZED AGENT: PETER
BATSCHELET
CURRENT ZONING: RU-43
PROPOSED ZONING: IND-2 IUPD
UTILITY COMMITMENT TABLE
WATER: CITY OF PHOENIX
ELECTRICITY: SRP
SEWER: SEPTIC
SCHOOL DISTRICT: LAVEEN
FIRE: CITY OF PHOENIX STATION #39
POLICE: CITY OF PHOENIX
SITE INFORMATION
PROJECT NAME: 5251 S 43RD AVENUE
CASE/TRACKING NUMBER: Z2022212
REQUEST TO ZONE CHANGE FROM RU-43 TO IND-2
DATE OF RESUBMITTAL: 9/20/2023
NARRATIVE REPORT
Title Page:
Project Name: 5251 S 43rd Avenue
General Location: On the East side of 43rd Avenue between Broadway and Southern Ave.
APN: 105-69-017L
Case/Tracking Number: Z2022212
Date of Resubmittal: September 20, 2023
Vicinity Map:
Purpose of Request:
Peter Batschelet, authorized agent to Steve Labrie, is requesting a rezone from RU-43 to IND-2.
The purpose of the rezone is to allow for outside storage type facilities to have the ability to
utilize the property to its full potential by allowing it to be used for outdoor commercial storage.
Currently, the site has a low coverage ratio of less than three percent (3%) which means there
is a lot of excess land to either be built on or to be used for outside storage. A large building
does not conform to the area based on the neighborhood.
IND-2 allows for construction equipment (including sales, service, rental, and storage), training
centers (industrial related), truck terminals, and warehousing. These are the specific uses that
make sense for this area rather than residential development. The site currently has a well, city
water, and a septic system. Uses will be limited to those allowed by the Maricopa Country
Environmental Services Department.
The intent is to allow a business to utilize the current structures on the premises for construction
and outside storage related businesses.
Description of Proposal:
There are approximately 4,750 square feet of structures which consists of a 2,250 square foot
metal shop which is enclosed, a 1,000 square foot block house, and a 1,500 square foot mobile
trailer which can easily be converted into an office for administrative purposes. The block house
will be remodeled into a break room for employees. Going back to the large acreage, it will be a
high probability that a future company will have a fleet of trailers or equipment to store on site
and that the employees will need a place to congregate. The mobile trailer has an ADA ramp
on the west end already. This is also where the ADA parking is located as there is a concrete
pad there.
The property to the north is zoned IND-2, the property to the south is zoned RU-43 with a
special use permit that allows outside storage, and three of the four parcels across the street to
the west are IND-2 with the remaining fourth being IND-1. IND-2 zoning is prevalent in the
surrounding area.
The property lends itself well for any business that requires outside storage of vehicles,
materials, or finished products.
Requested Uses To Be Allowed:
Existing Use Description per Zoning Ordinance
Any use permitted in the IND-1 Zoning District, including a Medical
Marijuana Dispensary or a Medical Marijuana Offsite Cultivation
Location subject to all the regulations specified in the use regulations for
such IND-1 Zoning District unless the use is otherwise regulated in this
Section.*1, *8, •14, *15
Construction equipment, including sales, service, rental and storage.
Farms as defined in Chapter 2 of Maricopa County Zoning Ordinance.
Public utility treatment and generating plants including sewage,
wastewater, water, power, electrical, nuclear and solar, and including
ancillary offices. Attendant facilities and appurtenances to the above
uses as well as uses associated with service to the public of water, gas,
telephone and cable television. Where an electrical generating plant is in
operation, evaporation ponds and other appurtenances may be
permitted provided such evaporation ponds or appurtenances are
associated within the facility being served.*15
Training centers, industrial
Truck terminals, including service and storage.
Any other office, laboratory, manufacturing and assembly uses similar to
those uses enumerated herein which do not create any danger to the
public health, safety and general welfare in surrounding areas and which
do not create any offensive noise, vibration, smoke, dust, odor, heat or
glare, and which by reason of high value in relation to size and weight of
merchandise received and shipped create very little truck traffic
Accessory buildings and uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may
be permitted as an accessory use as set forth in Section 1206 of this
Ordinance. Where renewable energy systems involve the generation or
striate of electricity, only grid-connected or off-grid systems are
permitted.*8, *12
Yard Regulations
Requested Variance
Justification
Front Yard:
a. All properties abutting a
public street shall have an
open setback area
extending for the full width
of the property. This setback
shall be parallel to the
centerline of the street and
None
N/A
shall be measured from the
setback line or the ultimate
right-of-way line of a local
street, and shall be of a
depth as indicated below:
1. Abutting any major street,
section line road, State or
Federal highway not less
than 20 feet.
2. Abutting collector streets
and midsection line roads
not less than 15 feet.
3. Abutting local streets and
interior streets of industrial
subdivision not less than ten
feet.
b. Where the frontage
between two intersecting
streets is located partly in
the IND-2 Zoning District
and partly in a rural,
residential or commercial
zoning district, there shall be
a front yard equal to the
front yard required in the
adjoining rural, residential or
commercial zoning district,
but such yard need not
exceed 25 feet in depth.
Side Yard:
None required (see Chapter
9, Section 902., Article
902.3. - Height Regulations)
except that:
a. Where a lot is adjacent to
a rural or residential zoning
district, there shall be a side
yard on the side of the lot
adjacent to such rural or
residential zoning district
having a width of not less
than five feet.
b. Where a corner lot abuts
a rural or residential zoning
district, whether or not
separated by an alley, there
shall be a side yard on the
street side of such corner lot
having a width of not less
than ten feet.
c. If a side yard is otherwise
provided it shall have a
width of not less than three
feet.
a. Requesting variance to
have side yard
decreased to three feet
on just the south side of
the property
b. None
c. None
There is an existing office
trailer with an ADA ramp that
has been on the property for
25 plus years. The chassis,
plumbing, electrical, and all
components would need to
moved a couple feet to
accommodate the setback
requirement.
Rear Yard:
Rear Yard: None required
(see Chapter 9, Section
902., Article 902.3. - Height
Regulations) except that
where a lot abuts a rural or
residential zoning district
whether or not separated by
an alley, there shall be a
rear yard having a depth of
not less than 25 feet.
None
N/A
Relationship to Surrounding Properties:
The proposed rezoned to IND-2 is the highest and best use for the parcel. Due to its large size
of 4.75 acres, the logical assessment would be to rezone it for compatibility reasons to adjacent
properties.
There are four parcels which touch the subject property. From north to south, the properties are
defined as the following:
#1: An approximate 4.575 acre property with various structures; lease to transportation
company for fleet storage
APN: 105-69-017J
Zoning: IND-2
#2: An approximate 1.25 acre property; leased to transportation company for fleet storage
APN: 105-69-449
Zoning: IND-2
Note: Same owner as above parcel (APN: 105-69-017J)
#3: An approximate 3.10 acre property
APN: 105-69-500
Zoning: Rezoned from RU-43 to IND-2 with IUPD Overlay
#4: An approximate 3.92 acre property with minimal structures; owner manufactures modular
homes via special use permit.
APN: 105-69-452
Zoning: RU-43
Additional Note: Calmat/Vulcan Material mines over 110 acres of material 400 lineal feet east of
the subject property and nearly 700 lineal feet to the north. The properties on the west side of
43rd Avenue are all zoned either IND-1, IND-2, or IND-3 with the exception of one parcel
(APN:104-76-005K) which is zoned RU-43.
Location and Accessibility:
Located between Broadway Road and Southern Avenue on 43rd Avenue, the site is in the
middle of an industrial area. The opening of the new Loop 202 freeway system (2 miles to the
west) along with the Broadway Road expansion project in recent years makes it much easier for
businesses to get to and from major parts of the valley.
The access to the property is directly off 43rd Avenue.
City of Phoenix has jurisdiction on the south side of Southern Avenue which is nearly 1/3 of a
mile to the south. We called a representative at the city and they stated there is nothing on the
horizon indicating that the City of Phoenix intends to annex the area into their general plan.
Therefore, this will remain a county island area for the foreseeable future.
Circulation System:
There are currently three gates on the property for internal circulation purposes and capabilities.
The gates are accessed directly off of 43rd Avenue.
Based off the preliminary hearing back in June 2022, it was discussed that the site will only be
allowed one entrance from 43rd Avenue because it’s less than 300’ wide; subject property is
260’ wide. The one entrance is already paved with rolled and sealed asphalt. The site is 780’
deep and 260’ wide so once inside the property boundaries, it is more than sufficient to allow for
maneuverability throughout the yard. Presently, no additional structures are going to be
constructed.
The zoning ordinance requires that all other uses other than a single-family residence require
paved parking. Asphalt millings alone is not considered paving because it is not cohesive to
withstand erosion. If water were to flow across millings, they would be displaced and
maintenance would be required to restore its uniformity, where with paving, no maintenance
would be required. Therefore, a liquid asphaltic binder/emulsifier will be placed on the millings
and compacted (rolled).
Development Schedule:
The below is the drainage plan which was completed by Civil & Environmental Consultants, Inc.
The natural topography flows from east to west based on the topographical survey which was
conducted and submitted to the engineer. The drainage plan calls for two areas to be dug out
towards the western entrance. The two designated areas will be rip-rapped to eliminate future
erosion along the sloped area. In the event a heavy rain was to come through the area, the two
areas are designed to be connected; area at the southwest corner will have an underground
pipe that runs to the northern retention basin. The key here is that the northern retention area
will contain a drywell which will allow water to percolate underground. Civil & Environmental
Consultants, Inc., has calculated the depths accordingly to meet development standards
4:1
4:1
6:1
4:1
4:1
6:1
4:1
4:1
TOTAL REQUIRED/PROVIDED SITE RETENTION VOLUM E CALCULATION
MARICOPA COUNTY METHOD OF CALCULATING STORM WATER
RETENTION FOR 100-YEAR, 2-HOUR STORM EVENT
VR = (P/12)*C*A
C = 0.95, P = 2.27 IN
DRAINAGE
AREA
C-VALUE
PRECIPITATION
VOLUME
REQUIRED,
(VR)
VOLUME
PROVIDED,
(VP)
EXCESS/SHORT
(ID)
(SF)
(-)
(IN)
(CF)
(CF)
(CF)
DA-1
19,364
0.95
2.27
3,480
3,642
162
DA-2
15,083
2,711
2,929
219
TOTAL
34,447
-
6,190
6,571
380
NOTE: AREA OF REQUIRED RETENTION IS ONLY FOR RUNOFF CAPTURED WITHIN LIMITS OF DEVELOPMENT
(REFER TO PLAN FOR LIMITS OF DEVELOPMENT).
RETENTION SUMMARY
DRAINAGE
AREA ID
RETENTION
REQUIRED,
(VR)
RETENTION
PROVIDED,
(VP)
EXCESS/SHORT
(CF)
(CF)
(CF)
(CF)
DA-1
3,480
4,954
227
DA-2
2,711
1,463
PARKING CALCULATIONS - MARICOPA COUNTY CHAPTER 11, SECTION 1102.1
INDUSTRIAL
PARKING
REQUIREMENTS
COMMERCIAL
SPACE (SF)
REQUIRED
NUMBER OF
STALLS
INDUSTRIAL ADA
REQUIREMENTS
ADA PARKING
REQUIRED
TOTAL PARKING
STALLS REQUIRED
ONE SPACE FOR
EVERY 600 SF OF
FLOOR AREA
2,000
4
AT LEAST 5% OF
PARKING SHALL BE
HANDICAPABLE
1
4
8
A
B
3
4
5
6
7
1
2
C
D
E
F
G
H
8
3
4
5
6
7
1
2
A
B
C
D
E
F
G
H
DESCRIPTION
DATE
NO
REVISION RECORD
DATE:
DWG SCALE:
DRAWN BY:
CHECKED BY:
APPROVED BY:
PROJECT NO:
DRAWING NO.:
326-887
AS SHOWN
MAY 2023
JS
MAJ
DRAFT
H&K HOLDINGS REZONE
5251 SOUTH 43RD AVENUE
PHOENIX, ARIZONA 85041
www.cecinc.com
11811 N. Tatum Blvd., Suite 3057 - Phoenix, AZ 85028
Ph: 602.760.2324 · 877.231.2324 · Fax: 602.760.2330
NORTH
C300
PRELIMINARY GRADING &
DRAINAGE PLAN
SURFACE RETENTION VOLUME PROVIDED
RETENTION PROVIDED = (ELEV1-ELEV2)/3*((A1+A2+(A1*A2)^0.5))
BASIN ID
ELEV. (FT)
AREA (SF)
DEPTH DIFF.
(FT)
AVG.
VOLUME
(CF)
CUMULATIVE
VOLUME (CF)
1
1023
398
1024
866
1.00
617
617
1025
1,487
1.00
1,163
1,780
1026
2,263
1.00
1,862
3,642
2
1023
255
1024
650
1.00
437
437
1025
1,206
1.00
914
1,351
1026
1,982
1.00
1,578
2,929
HANDICAP RAMP DETAIL
N.T.S.
ADJACENT TO
STRUCTURE
ROUGH BROOM FINISH,
USE RIPPLE SURFACE PATTERN
RAMP CURB HEIGHT
MATCHES SIDEWALK
ELEVATION
NOTE:
-
ALL HANDICAP RAMPS ARE TO BE
CONSTRUCTED IN ACCORDANCE WITH
ADA REQUIREMENTS.
-
DETECTABLE WARNING SURFACE MAY
BE REQUIRED WITHIN RIGHT-OF-WAY
AND PUBLIC ROADWAY CROSSINGS
SAFETY HANDRAIL PER
MAG STD. DETAIL 145.
1
Community Facilities and Services:
There are two elementary schools in the general area. The closest one abuts the Vulcan
Material mining operation as previously noted. The address is 3851 W Roeser Road. The
second elementary school is in a true residential neighborhood south of Southern Avenue and
located at 6735 South 47th Avenue.
The City of Phoenix has a large park identified further east of the initial elementary school. This
address is 5500 South 31st Avenue.
Public Utilities and Services: -
Existing City of Phoenix Water
SRP Electrical
Septic system
•
The septic system was installed in 1975 and was inspected/certified March 2022
•
In speaking with the City Water and Sewer Department, it has been verified that
there is an 8” sewer line that is 1,200 feet north of the property in 43rd Avenue but
there are currently no plans to hook up to the sewer system.
Emergency Services:
•
City of Phoenix Police Department
•
City of Phoenix Fire (confirmed via telephone that it is Fire Station #39 which is
located just over 4 minutes away at 2276 W Southern Ave, Phoenix, AZ 85041)
Page 1 of 1
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:
October 2, 2023
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joel Landis, Planner, Planning & Development Services
From:
Bob Fedorka, P.E., Engineering Supervisor, Planning & Development
Services
cc:
Michael Norris, P.E., Engineering Manager, Planning & Development
Subject:
Z2022212 - Zone Change (From RU-43 to IND-2)
(E1 Memo)
Job Site Address: 5251 S. 43rd Ave, Phoenix
APN(s):
105-69-017L
This application is to specify zoning for future development and does not include a
Plan of Development.
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
3rd submittal of the Zone Change application routed for review on September 26, 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. Right of Way Dedication to provide a 55’ half-width along the site’s 43rd Avenue
frontage is required. The right-of-way dedication must be completed prior to the
issuance of any building permits on the site.
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.
Page | 1
Maricopa County
Environmental Services Department
Water and Waste Management
The Maricopa County Environmental Services Department (MCESD) has completed review for the
H & K Holdings LLC - 105-69-017L planning case(s). Please note the following MCESD
requirements for site development:
Onsite Wastewater –
A Notice of Intent to Discharge application for an onsite wastewater treatment (septic) system is
required for any construction. Application must be submitted to the MCESD Onsite Wastewater
Program.
•
Wastewater is not permitted to discharge to an adjacent parcel’s septic system.
A Minor Plan Review application must be submitted for any existing system(s) if being utilized and
if the applicant believes the existing system(s) are adequate in size to support the new use;
otherwise, a new septic permit/install may be required.
An Onsite Application for Abandonment must be submitted for any onsite wastewater treatment
(septic) system(s) that are to be abandoned. Then following the abandonment, a Certification of
Closure/Abandonment must be submitted immediately after the work is completed.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-6666 or
by email at septicquestions@maricopa.gov.
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s Subdivision
& Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure.
A will serve letter issued by the Utility is required and must be submitted to MCESD’s Subdivision
& Infrastructure Program if the site/development will be provided with water and/or reclaimed
water by a Utility. A capacity assurance letter issued by the Utility is required to MCESD’s
Subdivision & Infrastructure Program if the site/development wastewater service is being provided
by a Utility.
Project Name: H & K Holdings LLC - 105-69-
017L
Primary Contact Name: Peter Batschelet
Planning Application Type: Zone Change
APN(s): 105-69-017L
Reviewer: Ryan Hall, P.E.
Email: Ryan.Hall@maricopa.gov
Phone: 602-918-1241
Planner Name: Joel Landis
Planning Case #: Z2022212
Date: January 3, 2023
Subdivision Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdivision@maricopa.gov
esd.maricopa.gov
Page | 2
Maricopa County
Environmental Services Department
Water and Waste Management
For subdivision related questions, please contact the Subdivision and Infrastructure Program at
(602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of Z2022212, however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are
provided for the benefit of the applicant for MCESD permit requirements and as an advisory to
Maricopa County Planning and Development Department. Other Maricopa County agencies may
have additional requirements. Final review and approval will be made through Planning and
Development Department procedures. Applicant may need to submit separate applications to the
Maricopa County Environmental Services Department for approval of proposed facilities regulated
by the Department. Review of any such application will be based on current regulations at the time
of application.