report to the board of adjustment

Agenda Item: 2 – BA2016047

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Report to the Board of Adjustment

Prepared by the Maricopa County Planning and Development Department

Case: BA2016047 – Rio Verde Church Sign

Hearing Date: January 12, 2017

Agenda Item: 2 – Consent

Supervisor District: 2

____________________________________________________________________________________________

Applicant/

Property Owner: Community Church of the Verdes/Rio Verde Community Association

Requests: Variance to the development standards from the following Zoning

Ordinance Sections to permit:

1) Offsite advertising/Directional Sign within the required sight visibility

triangle (25’ x 25’) where structures above two feet in height are not

allowed per MCZO, Art. 1111.4.2

2) Offsite advertising/Directional Sign within the required sight visibility

triangle (25’ x 25’) where signs are not allowed per MCZO, Art.

1401.3.5

Site Location: APN 219-43-637R - within right-of-way at NW corner of Avenida Del

Ray Rd. and Forest Rd. – in the Rio Verde area

Site Size: 33,236 square feet (0.76 acres)

Current Use / Zoning: Offices/C-2 zoning district

Open Violation: None

Citizen

Support/Opposition: None known


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Background:

1. December 19, 2005: The owners took possession of the property via a Quitclaim Deed

Recorded under docket number 20051909223. The property was conveyed from Steven

T. Alexander and Illa Alexander, Trustees of the Alexander Revocable Trust, to Avenida

Del Ray Investments L.L.C.

2. November 15, 2016: The owner applied for the subject variance request.

Reviewing Agencies Comments:

3. Engineering (Transportation, Drainage, and Flood Control): Raised no objection; see

attached memo dated December 7, 2016.

4. Environmental Services Department (MCESD): Raised no objections; see attached memo

dated November 18, 2016.

Existing On-Site and Surrounding Zoning/Land Use:

5. On-site: Community ROW/C-2/Offices

North: C-2/Forest Rd.

South: Avenida Del Ray Rd./R1-8/Single-family residence

East: Forest Rd./R-3/Condominiums

West: C-2/Office

Analysis:

6. The subject site is located within the Rio Verde master planned community. This is a

remote isolated golf community located approximately eight miles north of Fountain Hills.

Development in the area is almost totally residential in nature with very minor commercial

uses and large golf facilities.

7. The subject site is zoned C-2 within the HOA owned right-of-way that is at the northwest

corner of Avenida Del Ray Road and Forest Road. The applicant is proposing to build a

sign just outside a 3’ (h) CMU wall that encloses the parking lot serving an office building.

The sign being requested for this location is for the Community Church of the Verdes that

is located about a block to the northwest. Maricopa County Department of

Transportation (MCDOT) provided comments wherein it was noted that Forest Road is a

MCDOT adopted and maintained street with a 66’ right-of-way. MCDOT further noted

that a temporary fence waiver must be obtained to protect future clearance as

additional lanes are built. The proposed sign is not to be located within the MCDOT public

R/W of Forest Rd., but rather will be located within the HOA’s private R/W of Avenida Del

Ray.

8. In considering this request staff noted that the property itself is relatively flat and there are

no discernable topographical hardships or other conditions relating to the request that

can be considered hardship. Staff is also of the opinion that the proposed location as

relating to current conditions of the site and existing roads would be unlikely to pose a

hazard. The Board may wish to consider approval that would sunset as to be in

agreement with MCDOT’s comment mentioning that the sign may need to be removed


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and relocated at the time road widening improvements are made relating to the

intersection.

9. Staff would normally have strong concerns with signs located in R/W or within a SVT. There

certainly are alternative locations for an off-site sign is permitted in the commercial corner

lot. Staff notes these unique conditions related to the this request. First, the proposed

location is a street intersection at the apex of a convex curve. This exaggerates the clear

sight visibility triangle. Second, the Rio Verde master planned community is isolated

insofar but for weekend recreational traffic that largely bypasses the community. There

are numerous directional and entrance signs located within the R/W of community streets

intersecting with Forest Rd. Third, this serves the only house of worship in the community

and the HOA supports the request.

Intersection/site

Aerial of site and surrounding area


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Site plan excerpt

Elevation excerpt

ARS § 11-816.B.2 states the Board of Adjustment may, “Allow a variance from the terms of

the ordinance if, owing to peculiar conditions, a strict interpretation would work an

unnecessary hardship and if in granting the variance the general intent and purposes of


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the zoning ordinance will be preserved.” MCZO, Art. 303.2.2 reiterates these

requirements.

State Statute / County Zoning Ordinance Tests:

10. Statutory Test -1 Peculiar condition – Explain and discuss the peculiar conditions on the

property and include reference to the Maricopa County Zoning Ordinance Regulations

or Development Standards to be varied. Explain the proposed use of the property with

the variance request. Explain how enforcement of the Zoning Regulations or

Development Standards would impose a hardship on the property owner.

“The variance requests that the sign be allowed inside the private street tract and within

the sight triangle as defined by the zoning ordinance. The basis for the variance is the

fact that the road has an excessive half-width in this area, and it is unlikely that the road

will be widened in the foreseeable future. It is our understanding the location is outside

MCDOT site triangle.”

11. Statutory Test 2 – Unnecessary Hardship – Explain the unnecessary hardship the peculiar

conditions on the site create with respect to the existing Regulations and Standards of

the Maricopa County Zoning Ordinance.

“The 66’ ROW and 18’ of west bound pavement create a 48’ edge of pavement ROW

seems to be ample for site lines. If the sign could not be located in the sight line triangle,

as defined by Maricopa County Zoning Ordinance, it would not serve the purpose of a

directional sign.”

12. Statutory Test 3 – General Intent and Purpose of the Zoning Ordinance - Explain and

discuss how this variance would not cause a negative impact on the general intent and

purpose of the Zoning Ordinance.

“The sign would be located within the site triangles per the existing Maricopa County Zoning

Ordinance. The 66’ ROW and 18’ of west bound pavement create a 48’ edge of pavement

to ROW. 48’ seems to be ample for site lines.”

13. Per MCZO – Evidence of the ability and intention of the applicant to proceed with

construction work within 120 days after variance decision by the Board of Adjustment.

Provide evidence of the ability and intention to proceed with construction work within

120 days (4 months) after Board of Adjustment decision. Discuss if there are building

permits or as-built permits currently filed with the Planning and Development Department

and the current review status. Specify the permit numbers. If no permits have been filed,

please provide a timeline for building permits submittal and projected timeframe for

construction.

“All necessary approvals by Community Church of the Verdes’ Board have been obtained.

Rio Verde Community Association Architectural Committee has approved the sign. Once the

permit and variance are approved we are ready to begin. Actual construction and

installation of the sign shouldn’t take more than two weeks.”


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Findings:

14. If the Board determines the variance request as discussed in the analysis section of the

report in accordance with ARS §11-816.B.2 and MCZO, Art. 303.2.2 – the peculiar

conditions, a strict interpretation of the MCZO would work an unnecessary hardship on

the property; and further, in granting the variance the general intent and purpose of the

MCZO will be preserved based upon the applicant’s responses for the statutory tests;

then, the Board must make findings and conclusion with motion for Approval.

15. In such event, staff offers the following Conditions of Approval:

a) General compliance with the site plan stamped received November 15, 2016.

b) Failure to complete necessary construction within one year from the date of

approval, shall negate the Board's approval.

c) Satisfaction of all applicable Maricopa County Zoning Ordinance requirements,

Drainage Regulations, and Building Safety codes.

d) A temporary fence waiver must be obtained to allow for the sign placement and

protect future required clearances (such as safety sight visibility triangles) once

additional lanes are built.

e) If public improvements necessitate in the above-mentioned intersection, the Rio

Verde Community Church shall, at that time, be responsible for removal or

relocation of the sign and/or related components at no cost to Maricopa County.

f) Approval of the variance expires in such an event MCDOT road improvements

necessitate removal of the sign.

16. However, if the Board determines the variance request as discussed in the Analysis

section of this report, in accordance with ARS §11-816.B.2 and MCZO, Art. 303.2.2 - owing

to peculiar condition, a strict interpretation of the MCZO would not work an unnecessary

hardship on the property; and further, in granting the variance, the general intent and

purposes of the zoning ordinance will not be preserved based upon the applicant’s

responses for the statutory tests; then the Board must make findings and conclusion with

a motion of Denial.

Presented by: Glenn Bak, Planner

Reviewed by: Darren V. Gerard, AICP, Deputy Director

Attachments: Case Map (1 page)

Vicinity Map (1 page)

Application / Supplemental Questionnaire (3 pages)

Site Plan (2 pages)

Engineering Comments (1 page)

MCESD Comments (1 page)

HOA Approval Form (1 page)

report to the board of adjustment

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