Z2021007 BOS REPORT.PDF

Maricopa County — Formal (2024-01-24)

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January 24, 2024 
Z2021007 
Page 1 of 4 
 
 
 
 
Report to the Board of Supervisors 
Prepared by the Maricopa County Planning and Development Department 
 
Board Hearing Date: 
January 24, 2024 
 
Case #/Title:   
 
 
Z2021007 – Montana Tractor & Plow Company 
 
 
Supervisor District: 
3 
 
Applicant/Owner:  
Kate Shaffer, May Potenza Baran & Gillespie / Montana Tractor & 
Plow Company 
 
Request: 
Zone Change from Rural-43 to C-3 CUPD 
 
Site Location: 
APN 210-09-019 @ 912 W. Happy Valley Rd. Generally located 
approx. 350 ft. east of the NEC of Happy Valley Rd. and 11th Ave. 
alignment in the north Phoenix area. 
 
Site Size: 
Approx. 4.7 acres 
 
County Island Status: 
Yes (City of Phoenix) 
Additional 
Comments: 
There are no outstanding concerns from reviewing agencies. The 
zone change request is to permit retail sales of tractors and other 
agricultural vehicles and implements. There is a verified zoning 
violation against the property, V201902005, for land use without 
proper zoning entitlement and development without benefit of 
issued construction permits. The C-3 CUPD is the first step in 
remedying the violation.  
 
The City of Phoenix provided comments related to the need for right 
right-of-way dedication for Happy Valley Rd. and did not express 
opposition to the requested rezoning of the property. The subject 
site is within the City of Phoenix General Plan with a land use 
designation of commercial/commerce/business park which is 
consistent with the proposal. The subject site is also in the process 
of annexation into the City of Phoenix.  
 
At the Commission hearing, there was  no public comment to speak 
in support or opposition. Staff did receive two inquiries from 
neighbors after the Commission hearing expressing concern with 
the existing use of the property and interest in speaking in 
opposition. Information on the case status and scheduled BOS 
hearing was provided. Staff received one letter in opposition after 
PZ hearing raising concerns with the nuisance of the business 
being operated from the property over the last several years. The

January 24, 2024 
Z2021007 
Page 2 of 4 
letter addresses questions on development of the property and 
expresses grievances from property owners in the area with the 
existing uses. A Planning & Zoning Commission appeal form was 
received concerned with noise, heavy equipment, dust and external 
uses of site.    
 
 
Staff believes the C-3 CUPD zoning is appropriate for the site and 
conforms to the City of Phoenix General Plan land use designation. 
 
 
At the 12/7/23 PZ hearing, the Commission motioned for approval 
along with staff recommended a change to condition ‘c’ as 
requested by the applicant with the following language shown as 
bold and underlined:  
 
c. 
The CUPD overlay is applied to restrict the use of the site to 
farm-related vehicles and equipment leasing, rentals, and 
sales and similar uses as approved by the County Zoning 
Administrator, but not including equipment customarily used 
for heavy construction. 
 
This language is included in the Commission’s recommendation 
below. 
 
Staff has calculated the support and opposition received, and notes 
that a Super Majority Vote has been triggered. The trigger is when 
20% or more of property owners within a 300’ radius of the subject 
site, by number and area register opposition to the case. The 
opposition received accounts for 5 property owners with an area of 
249,802.37 sq. ft.  
 
 
The calculations for Montana Tractor are as follows:  
 
29% opposed parcel acreage within 300’ buffer 
 
29% opposed parcel numbers within 300’ buffer  
 
Commission  
 
Recommendation: 
On 12/7/23, the Commission voted 6-0 to adopt a motion 
recommending the Board of Supervisors approve Z2021007 
subject to conditions ‘a’ – ‘j’:  
 
a. 
Development of the site shall be in conformance with the Narrative Report entitled “Team 
Tractor Ranch”, consisting of 4 pages, dated and stamped received August 16, 2021, as 
modified to correct certain typographical errors revising the narrative to correctly 
reference C-3 CUPD zoning in the Development Standards Table along with updates to 
the C-3 CUPD table as listed in condition ‘d’. 
 
b. 
The following Planning Engineering conditions shall apply: 
 
1. 
Without the submittal of a precise plan of development, no development approval 
is inferred by this review, including, but not limited to number of proposed building 
lots/units, drainage design, access and roadway alignments. These items will be 
addressed as development plans progress and are submitted to the County for 
further review and/or entitlement.

January 24, 2024 
Z2021007 
Page 3 of 4 
2. 
A traffic impact study (TIS) must be submitted with future entitlement (such as 
POD) application. 
3. 
Happy Valley Road is within the jurisdiction of the City of Phoenix. The applicant 
will be responsible for coordinating with the City to review any traffic impact, right-
of-way dedication, permitting or roadway improvement requirements. 
4. 
Engineering review of re-zone cases is conceptual in nature. All development and 
engineering design shall be in conformance with Section 1205 of the Maricopa 
County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
c. 
The CUPD overlay is applied to restrict the use of the site to farm-related vehicles and 
equipment leasing, rentals, and sales and similar uses as approved by the County Zoning 
Administrator, but not including equipment customarily used for heavy construction. 
 
d. 
The following C-3 CUPD standards shall apply: 
 
1. 
Site Screening: 8’ CMU block wall shall be required along and adjacent to any 
side or rear property line abutting any rural or residential zone boundary. In 
addition, there shall be a 10’ strip of landscaping provided along the exterior of 
said wall with 24” box trees planted 20’ apart on center in substantial 
conformance with the site plan entitled “Team Tractor” consisting of one page 
dated and stamped received November 4, 2021. Landscaping shall be 
maintained. 
2. 
Elimination of sight visibility triangle at the NWC of Happy Valley Rd. and 9th Ave.  
3. 
10’ min. west side setback 
4. 
25’ min. rear setback 
 
e. 
Required parking spaces, tractor/equipment display areas and the primary site access 
shall be concrete or paved or may be alternatively surfaced with ABC material rolled and 
compressed with a liquid asphaltic binder/emulsifier. 
 
f. 
Outdoor storage areas and internal driveways shall be concrete or paved, storage areas 
may be alternatively surfaced with ABC material. 
 
g. 
Administrative approval of a Plan of Development will be required prior to approval and 
issuance of construction permits to develop and establish use of the site. Prior to 
issuance of a building permit, written confirmation will be required from the emergency 
fire protection jurisdiction having authority that the facility has been designed in 
accordance with their regulations and requirements, and that emergency fire protection 
service will be provided to the facility. Prior to issuance of the certificate of occupancy, 
local fire protection jurisdiction review and approval will be required. Prior to issuance of 
a building permit, written confirmation will be provided that the site is served by a public 
water system. 
 
h. 
Prior to Zoning Clearance for construction permits, the applicant shall provide a copy of 
City of Phoenix approvals to Maricopa County Planning and Development Department for 
the right-of-way improvements to Happy Valley Rd. 
 
i. 
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.

January 24, 2024 
Z2021007 
Page 4 of 4 
 
j. 
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: 
 
Rachel Applegate, Senior Planner 
Reviewed by: 
 
Darren Gérard, AICP, Planning Manager   
 
Attachments: 
 
12/7/23 P&Z Packet (62 pages)  
 
 
12/7/23 PZ Handout memo – opposition (4 pages) 
 
 
Opposition letter (1 page)  
 
 
Updated 300’ Opposition/Support Map (1 page)  
 
 
12/18/23 PZ Appeal Form (1 page)  
 
 
Note: 
12/7/23 Draft P&Z Minutes are not available as of the writing of this report, but can be 
provided upon request later when available.

Z2021007 
Page 1 of 11 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
Z2021007 – Montana Tractor & Plow Company 
 
 
 
 
 
Hearing Date: 
December 7, 2023 (removed from table October 5, 2023) 
 
Supervisor District: 
3 
 
 
 
  
 
Applicant: 
Kate Shaffer, May Potenza Baran & Gillespie  
 
Owner:  
Montana Tractor & Plow Company 
 
Request: 
Zone Change from Rural-43 to C-3 CUPD  
 
  
 
Site Location: 
APN 210-09-019 @ 912 W. Happy Valley Rd. Generally located approx. 350 
ft. east of the NEC of Happy Valley Rd. and 11th Ave. alignment in the north 
Phoenix area. 
 
Site Size: 
Approx. 4.7 acres 
 
Density: 
N/A 
 
County Island:  
Yes (City of Phoenix) 
 
 
County Plan: 
Rural Development Area (0-1 d.u./ac) 
 
Municipal Plan: 
Phoenix – Commercial/Commerce/Business Park  
 
Municipal Comments: 
Yes, City of Phoenix   
 
Support/Opposition: 
Six (6) letters of opposition / 21 of support 
 
Recommendation: 
Approve with conditions

Z2021007 
Page 2 of 11 
Project Summary: 
 
1. 
This case was tabled by the Commission on September 9, 2021. It was removed from the table 
October 5, 2023. 
 
2. 
The applicant is requesting to rezone approximately 4.7 acres from Rural-43 to C-3 with a CUPD 
overlay and in order to permit retail sales of tractors and other agricultural implements. The 
subject property is located on the north side of Happy Valley Rd. west of 9th Ave. in the north 
Phoenix area. Primary access to the site is via Happy Valley Rd. The site is encumbered by a 33’ 
patent easement on the eastside of the site, 9th Ave. The applicant obtained a patent easement 
abandonment for the west and north property lines approved by the Board of Supervisors on 
December 1, 2022 (C-64-23-056-X-01).  
 
3. 
The subject site is currently zoned for Rural-43 but is being used for tractor and equipment sales, 
which is not a permitted land use within the Rural-43 zoning district. Current development on site 
consists of a building for retail sales, modular building, shade canopies, and a concrete pad for 
the assembling of tractors and various equipment storage structures, a review of County records 
disclosed no issued permits/clearances authorizing construction that has occurred. There is a 
verified zoning violation against the property, V201902005, for land use without proper zoning 
entitlement and development without benefit of issued construction permits. The C-3 CUPD is the 
first step in remedying the violation. The applicant will need to address the following after 
determination of the zoning case: submittal of a plan of development (site plan details) for site 
plan review and administrative approval by Planning & Development, submittal of all required 
commercial building permits for existing and or proposed site improvements and completion of 
same by passing final drainage and building construction safety inspections. After completion of 
the permits the zoning violation case will have been resolved.    
 
4. 
The applicant has applied for a Commercial Unit Planned Development (CUPD) overlay as part of 
this zone change. The CUPD will restrict the uses of the site to only allow farm-related equipment 
rentals and sales, and will vary the standard for screening. The following table lists the proposed 
C-3 CUPD development standards. 
 
[Table on next page.]

Z2021007 
Page 3 of 11 
 
 
5. 
The surrounding area is partially undeveloped with uses comprised of a mix of low-density single-
family residential development (0-1 d.u./ac.), low intensity commercial uses, and light industrial 
uses as shown on the aerial image on the next page.   
 
 
 
Regulation 
C-3 Base Standards 
Proposed C-3 CUPD 
Standards 
Minimum Lot Area 
6,000 sq. ft. 
6,000 sq. ft. 
Minimum Lot Width 
60-feet 
60-feet 
Maximum Lot Coverage 
60% 
60% 
Maximum Building Height 
40-feet 
40-feet 
Minimum Front Yard Setback 
(south property line) 
10-feet 
10-feet 
Minimum Street Side Setback 
(east property line) 
43 feet total setback which 
accounts for 33 feet of 
patent easement + 10-feet 
43-feet  
Minimum Interior Side Yard 
Setback (west property line) 
10-feet 
10-feet  
Minimum Rear Yard Setback 
(north property line) 
25-feet 
25-feet  
Screening 
A solid wall, not less than six 
feet in height, shall be 
required along and adjacent 
to any side or rear property 
line abutting any rural or 
residential zone boundary. 
A solid wall, not less than 
eight feet in height, shall be 
required along and adjacent 
to any side or rear property 
line abutting any rural or 
residential zone boundary. 
Sight Visibility Triangle 
In all zoning districts no 
structure, landscaping, fence, 
wall, terrace or other 
obstruction to view in excess 
of two feet in height, 
measured from the lowest 
established elevation of the 
nearest street centerline, 
shall be placed within the 
triangle formed by measuring 
along street-side and/or 
alley-side property lines a 
distance of 25 feet from their 
point of intersection and by 
connecting the ends of the 
respective 25 feet distances. 
Elimination of SVT at NWC of 
Happy Valley Rd. & 9th Ave. 
alignment.

Z2021007 
Page 4 of 11 
2023 aerial image and surrounding land uses 
 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
6. 
On-site: 
  
Rural-43 / Commercial Tractor sales 
North: 
Rural-43 / Vacant  
South: 
Happy Valley Rd. then Rural-43 / Vacant 
Southwest: 
Happy Valley Rd. then SUP for Light Industrial outdoor storage 
East: 
Rural-43 / Vacant 
West: 
Rural-43/ Single-family residence 
 
 
Utilities and Services: 
 
7. 
Water: 
Private Well 
Wastewater: 
Septic 
School District: 
Deer Valley Unified School District 
Fire: 
North County 
Police:  
MCSO

Z2021007 
Page 5 of 11 
2023 aerial image of subject site and conceptual site plan (dated 11/4/2021) 
 
 
 
 
 
 
 
Right-of-Way: 
 
8. 
Happy Valley Road is in the City of Phoenix jurisdiction and future classification and 
improvements to the right of way are subject to approval by the City of Phoenix. 
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Jurisdiction 
Happy Valley Rd 
40-feet 
65’ 
City of Phoenix

Z2021007 
Page 6 of 11 
 
PlanNet Image of Rural-43 zoning district 
 
 
 
 
Adopted Plans: 
 
9. 
Vision 2030 (adopted January 2016): The subject site is located outside of County Area Plans. 
Unincorporated areas outside of Area Plans are designated as Rural Development Area (RDA). 
Tractor and equipment sales and service would appear an appropriate land use in the RDA. 
 
10. 
Phoenix General Plan 2015 (adopted March 2015): The site is designated for 
Commercial/Commerce/Business Park uses, which is consistent with the proposed retail sale of 
tractors and other agricultural implements. The City of Phoenix provided comments related to the 
need for right of way dedication and did not express opposition to the requested rezoning of the 
property.  
 
Public Participation Summary: 
 
11. 
The applicant complied with the Maricopa County Public Participation Process with the required 
posting of the property and notification to the adjacent property owners within 300’ of the subject 
site. The original public participation in 2021 generated seven (7) letters of opposition 
representing eight (8) individuals. Upon review of current parcel ownership there are six (6) letters 
in opposition from the original 2021 staff report. There are five (5) owners within the 300’ buffer 
of the subject site in opposition. Twenty-one (21) letters of support has been received, none within 
the 300’ buffer. A change in ownership removed an original support letter within the buffer along 
with removal of a duplicate.  A new public notice only was conducted in 2023 and to date no new 
public comments have been received.

Z2021007 
Page 7 of 11 
 
Per Section 304.2.4 of the Maricopa County Zoning Ordinance (MCZO), if 20% of the owners by 
number and by area, of all property within 300 feet of the proposed change, file a protest, such a 
change shall not be made except by a three-fourths vote of all members of the Board of 
Supervisors.  According to the opposition letters received, 29% of the owners representing 29% 
of the acreage within a 300’ radius of the site have protested the requested rezoning. Therefore, 
this level of opposition has triggered requirement for a supermajority (four affirmative) vote of 
the Board for C-3 CUPD zoning approval. A map displaying the location of the opposition has been 
attached. 
 
The applicant’s Final Citizen Participation Results Report states they conducted one virtual 
meeting on March 18, 2021 and one neighborhood meeting at the site on April 13, 2021. The 
report states that the residents are generally concerned about the business operations generating 
excessive noise, traffic and dust adjacent to their properties. The applicant has stated the 
property owners will take measures to limit the dust and noise emanating from the site. Staff has 
crafted conditions to address the concerns of adjacent property owners.  
 
Outstanding Concerns from Reviewing Agencies: 
 
12. 
The City of Phoenix requests the applicant dedicate 65’ of ROW for the north half of  Happy Valley 
Road and construct the north half street with a minimum of 52’ of paving, curb, gutter and 
detached 5’ min sidewalk with appropriate pavement tapers and striping plans submitted to the 
City. The city is also requesting that the site plan submitted to the City note that the driveway will 
be future median restricted. Staff believes the request by the City of Phoenix is reasonable to 
permit access onto City maintained roads staff has offered condition to ensure compliance with 
the request by the City of Phoenix. 
 
13. 
This site is a part of a four-parcel request for annexation into the City of Phoenix that appears to 
have been filed August 2021. Staff has been informed by the applicant that a hearing is scheduled 
for December 13, 2023 regarding the annexation.

Z2021007 
Page 8 of 11 
 
Google Street View looking into subject site looking north from Happy Valley Rd. 
Image dated 3/2022 
 
 
 
Google Street View looking into subject site looking northwest from Happy Valley Rd. & 9th Ave. 
alignment - Image dated 3/2022

Z2021007 
Page 9 of 11 
     
2019 Aerial 
 
 
  
2020 Aerial 
 
 
2021 Aerial 
    
     
 
 
2022 Aerial 
 
 
2023 Aerial 
     
 
 
Staff Analysis: 
 
14. 
The proposed C-3 CUPD zoning is appropriate for the site. It is located and accessed via an arterial 
road, Happy Valley Rd.  The City of Phoenix General Plan calls for commercial land uses. 
Importantly the City provided comment (email to the applicant copied to MCDOT, and attached 
to this report) with regard to half-street dedication and access improvement. The City 
subsequently commented with regard to their general plan land use. The City has not expressed 
opposition or concern with the proposed C-3 CUPD zoning. 
 
Recommendation: 
 
15. 
For the reasons outlined in this report, staff recommends the Commission motion for Approval 
of Z2021007 subject to conditions ‘a’ – ‘j’:

Z2021007 
Page 10 of 11 
 
a. 
Development of the site shall be in conformance with the Narrative Report entitled “Team 
Tractor Ranch”, consisting of 4 pages, dated and stamped received August 16, 2021, as 
modified to correct certain typographical errors revising the narrative to correctly 
reference C-3 CUPD zoning in the Development Standards Table along with updates to the 
C-3 CUPD table as listed in condition ‘d’. 
 
b. 
The following Planning Engineering conditions shall apply: 
 
1. 
Without the submittal of a precise plan of development, no development approval 
is inferred by this review, including, but not limited to number of proposed building 
lots/units, drainage design, access and roadway alignments. These items will be 
addressed as development plans progress and are submitted to the County for 
further review and/or entitlement. 
2. 
A traffic impact study (TIS) must be submitted with future entitlement (such as 
POD) application. 
3. 
Happy Valley Road is within the jurisdiction of the City of Phoenix. The applicant 
will be responsible for coordinating with the City to review any traffic impact, right-
of-way dedication, permitting or roadway improvement requirements. 
4. 
Engineering review of re-zone cases is conceptual in nature. All development and 
engineering design shall be in conformance with Section 1205 of the Maricopa 
County Zoning Ordinance; Drainage Policies and Standards; Floodplain 
Regulations for Maricopa County; MCDOT Roadway Design Manual; and current 
engineering policies, standards and best practices at the time of application for 
construction. 
 
c. 
The CUPD overlay is applied to restrict the use of the site to farm-related equipment 
leasing, rentals, and sales and similar uses as approved by the County Zoning 
Administrator, but not including equipment customarily used for heavy construction. 
 
d. 
The following C-3 CUPD standards shall apply: 
 
1. 
Site Screening: 8’ CMU block wall shall be required along and adjacent to any 
side or rear property line abutting any rural or residential zone boundary. In 
addition, there shall be a 10’ strip of landscaping provided along the exterior of 
said wall with 24” box trees planted 20’ apart on center in substantial 
conformance with the site plan entitled “Team Tractor” consisting of one page 
dated and stamped received November 4, 2021. Landscaping shall be 
maintained. 
2. 
Elimination of sight visibility triangle at the NWC of Happy Valley Rd. and 9th Ave.  
3. 
10’ min. west side setback 
4. 
25’ min. rear setback 
 
e. 
Required parking spaces, tractor/equipment display areas and the primary site access 
shall be concrete or paved or may be alternatively surfaced with ABC material rolled and 
compressed with a liquid asphaltic binder/emulsifier. 
 
f. 
Outdoor storage areas and internal driveways shall be concrete or paved, storage areas 
may be alternatively surfaced with ABC material.

Z2021007 
Page 11 of 11 
g. 
Administrative approval of a Plan of Development will be required prior to approval and 
issuance of construction permits to develop and establish use of the site. Prior to 
issuance of a building permit, written confirmation will be required from the emergency 
fire protection jurisdiction having authority that the facility has been designed in 
accordance with their regulations and requirements, and that emergency fire protection 
service will be provided to the facility. Prior to issuance of the certificate of occupancy, 
local fire protection jurisdiction review and approval will be required. Prior to issuance of 
a building permit, written confirmation will be provided that the site is served by a public 
water system. 
 
h. 
Prior to Zoning Clearance for construction permits, the applicant shall provide a copy of 
City of Phoenix approvals to Maricopa County Planning and Development Department for 
the right-of-way improvements to Happy Valley Rd. 
 
i. 
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.  
 
j. 
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: 
Rachel Applegate, Senior Planner  
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Site Plan (1 page) 
 
Narrative Report (4 pages)  
 
MCDOT comments (6 pages) 
 
MCESD comments (1 page) 
 
DPR comments (2 pages) 
 
Letters of opposition (8 pages) 
 
Map of Opposition (1 page)  
 
Letters in support (23 pages)  
 
Patent Easement Abandonment (4 pages)

N 9th A
v
e
Central Arizona
Project Csr
Central Arizona
Project Csr
N 11th
Ave
Happy Valley Rd
210
09
026E
210
09
007C
210
09
032B
210
09
007E
210
09
026A
210
08
015D
210
09
033
210
08
003B
210
09
026B
210
09
004B
210
08
024B
210
09
004A
210
09
019
210
09
021A
210
09
020C
210
08
020
210
08
024A
210
09
013
210
09
026C
210
08
003A
210
09
021B
210
08
013G
210
09
020D
210
09
006C
301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601
Document Path: \\gisteam.maricopa.gov\workgroup\patrick.dongarra\PND\OppositionCases\Z2021007\Z2021007.aprx
DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents
from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form.
www.maricopa.gov/planning
Maricopa County OET, GIS Division, 11/28/2023
Ü
110
0
110
55
Feet
Opposition and Support
Z2021007
Subject Parcel
300' Buffer
Supporting Parcel
Opposition Parcel
All Supporting Parcels
All Opposition Parcels
300' Buffer Selection
300' Buffer Interior
Eligible parcels: 17
Supporting parcels: 0
Opposition parcels: 5
Supporting parcels sq ft: 0
Opposition parcels sq ft: 249,802.37
Subject parcels sq ft: 204,139.77
All area inside the 300' buffer:
1,055,932.19
All area inside the 300' buffer -
excluding subject parcel,
ROW and excluded parcels:
851,792.42
No-response parcels sq ft: 0
Super Majority opposed parcel acres:
29%
Super Majority opposed parcel number:
29%

DATE:  
December 6, 2023 
 
TO: 
 Planning & Zoning Commission   
 
From: 
 Rachel Applegate, Senior Planner  
 
SUBJECT: 
 Z2021007 – Montana Tractor & Plow Company     
 
 Agenda Item: #5 
 
 
 
Since publication of the staff report, staff received a secondary letter in opposition to the 
rezone application from an adjacent property owner. The property owner registered 
opposition to the case with the initial application submittal. The concerns raised include 
the existing use of the property, noise, dust, parking in right-of-way and non-conformance 
with the existing area.  
 
 
Attachment: 
 
Opposition (3 pages)

N 9th
Av
e
Central Arizona
Project Csr
Central Arizona
Project Csr
N 11th A
ve
Happy Valley Rd
210
08
003B
210
09
026C
210
09
020C
210
09
020D
210
09
026E
210
09
007C
210
09
032B
210
09
007E
210
09
026A
210
08
015D
210
08
020
210
08
024A
210
09
013
210
09
026B
210
09
033
210
08
024B
210
08
003A
210
09
021B
210
09
004A
210
09
004B
210
09
019
210
09
021A
210
08
013G
210
09
006C
301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601
Document Path: \\gisteam.maricopa.gov\workgroup\patrick.dongarra\PND\OppositionCases\Z2021007\Z2021007.aprx
DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents
from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form.
www.maricopa.gov/planning
Maricopa County OET, GIS Division, 12/18/2023
Ü
110
0
110
55
Feet
Opposition and Support
Z2021007
Subject Parcel
300' Buffer
Supporting Parcel
Opposition Parcel
All Supporting Parcels
All Opposition Parcels
300' Buffer Selection
300' Buffer Interior
Eligible parcels: 17
Supporting parcels: 4
Opposition parcels: 5
Supporting parcels sq ft: 260,368.62
Opposition parcels sq ft: 249,802.37
Subject parcels sq ft: 204,139.77
All area inside the 300' buffer:
1,055,932.19
All area inside the 300' buffer -
excluding subject parcel,
ROW and excluded parcels:
851,792.42
No-response parcels sq ft: 0
Super Majority opposed parcel acres:
29%
Super Majority opposed parcel number:
29%