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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: May 5, 2021 Case #/Title: Z2020057 – Abbott Cottage Industry SUP Supervisor District: 4 Applicants: Abbot Family Trust, Donald D. & Cheri L. Abbott, and Randal & Rebecca Abbott Owner: Ricardo Toris, Earl & Curley Request: Special Use Permit (SUP) to permit a Cottage Industry in the R1-6 Zoning District Site Location: Generally located approx. 700’ west of the NWC of Orangewood Ave and 75th Ave. in the Glendale area. Site Size: Approx. 4 acres County Island Status: Yes, Glendale Additional Comments: The applicant seeks approval of a Special Use Permit (SUP) for Cottage Industry uses. The proposal is for continued operation of a sign installation company. The subject property designated as a Rural Development Area (0-1du/ac) by the county’s comprehensive plan and in the Glendale General Plan as Medium Density Residential (2.5-3.5 du/ac). No comments were received from relevant municipalities. Staff has received one letter of support and four letters of opposition. At the Commission hearing the Applicant requested modification to the recommended conditions of approval to allow for variations to the allowed screening materials. The Commission agreed and condition ‘g’ was amended to include the following: g. Any outdoor storage shall be completely fenced with a solid masonry wall or view obscuring materials/landscaping to obstruct the view to a height equal to the elevation of the tallest materials to be stored not to exceed 10 feet in height. May 5, 2021 Z2020057 Page 1 of 4 Commission Recommendation: On 4/8/21, the Commission voted 9-0 to recommend approval of Z2020057 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Abbott Cottage Industry”, consisting of 1 full-size sheet, dated December 10, 2020, and stamped received January 19, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Abbco Glendale”, consisting of 8 pages, dated January 14, 2021, and stamped received January 19, 2021, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. At the time of the Building Permit, the plans must be updated to show the freeboard for all retention basins with a depth more than 1.0-ft. 2. At the time of the Building Permit, use C=0.95 for Commercial Use. C=0.50 can be used for the retention basins, but the perimeter must be the top of slope of the retention basins. The runoff coefficient for the entire property cannot be used for the individual contributing areas. 3. Building permits for structures, including block wall fence, on all 5 parcels could not be located. At the time of the Building Permit, provide permit numbers for all current structures on the entitlement properties. If no permit was obtained for this construction, building permits will be required as a condition of this entitlement. 4. At the time of the Building Permit, identify all drainage openings in the block wall fence. If there are no drainage openings in the block wall fence, show how the water will be travel around the block wall fence. 5. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 6. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 7. Carole Lane and the north half of Orangewood Avenue are Operated and Maintained by Maricopa County Department of Transportation (MCDOT). At the time of the Building Permit, a MCDOT permit for the paved driveways for APNs 142-24-018H and 142-24-009A could not be located. Please identify Z2020057 Page 7 of 8 the driveways as paved per MCDOT requirements and provide the permit numbers for the driveways. If no permit was May 5, 2021 Z2020057 Page 2 of 4 obtained for this construction, a MCDOT permit will be required as a condition of this entitlement. d. Property owner shall apply for all required building permits within 1 year from the date of Board of Supervisors approval, and complete all necessary construction within 2 years from the date of Board of Supervisors approval. e. This special use permit shall expire on May 5, 2026, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. f. No non-resident employees, customers, clients, shall be permitted on the premises for business purposes between the hours of 6:00 p.m. and 6:00 a.m. for all except truck drivers, who may arrive from 5:00 a.m. Monday through Saturday. g. Any outdoor storage shall be completely fenced with a solid masonry wall or view obscuring material/landscaping to obstruct the view to a height equal to the elevation of the tallest materials to be stored not to exceed 10 feet in height. h. Deliveries to and from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not restrict traffic circulation and shall only occur between 6:00 a.m. and 6:00 p.m., Monday through Saturday. i. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Jose Castañeda, Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachments: 4/8/21 P&Z Packet (29 pages) 4/8/21 PZ Handout with Support Petition and Map (4 pages) May 5, 2021 Z2020057 Page 3 of 4 Note: 4/8/21 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. May 5, 2021 Z2020057 Page 4 of 4 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2020057 - Abbott Cottage Industry SUP Hearing Date: April 8, 2021 Supervisor District: 4 Applicant: Ricardo Toris, Earl & Curley Owners: Abbot Family Trust, Donald D. & Cheri L. Abbott, and Randal & Rebecca Abbott Request: Special Use Permit to allow operation of a sign installation company in the R1-6 Zoning District Site Location: Generally located approx. 700’ west of the NWC of Orangewood Ave and 75th Ave. in the Glendale area. Site Size: Approx. 4 acres Density: N/A County Island: Yes (Glendale) County Plan: Rural Development Area (0-1 du/ac) Municipal Plan: Envision Glendale 2040 – Medium Density Residential (2.5 - 3.5 du/ac) Municipal Comments: None received to date Support/Opposition: One Letter of Support / Four Letters of Opposition Recommendation: Approve with Conditions Z2020057 Page 1 of 8 Project Summary: 1. The applicant is requesting the approval of a Special Use Permit (SUP) for a Cottage Industry in order to facilitate the operation of Abbco, a family owned and operated company on five continuous parcels (4 acres total) in the R1-6 zoning district for the purposes of running a sign installation company. Access to the site is gained via two parcels with frontage facing north onto Carole Ln. and two gated driveways via three parcels with frontage facing south onto Orangewood Ave. The site is subject to violation Case #V201800294 for a commercial land use without proper zoning entitlement in a residential zoning district. The applicant has applied for the subject SUP in order to bring the site into compliance. 2. The proposed use of the site consists of truck parking, and indoor and outdoor storage of signs and equipment related to the sign installation. Existing development of the site consists of shade canopies and several accessory structures. The project narrative states that the site will provide for the parking of up to 19 trucks and trailers and that the facility will operate from Monday-Friday from 6am to 6pm. The business employs a workforce of 15 employees. This sign company has a contract with the State to fix or replace highway and street signs throughout the State of Arizona. No manufacturing is proposed on the site and no outdoor signage denoting the business operations is being requested. 2020 Aerial Image Z2020057 Page 2 of 8 Site Plan Excerpt Existing On-Site and Adjacent Zoning / Land Use: 3. On-site: R1-6 / Single-Family Residences & Abbot Sign Co. North: Carole Ln. then R1-6 / Single-Family Residential South: Orangewood Ave. then City of Glendale R1-7 / Orangewood Estates Residential Subdivision East: R1-6 / Single-Family Residence West: R1-6 / Single-Family Residence Utilities and Services: 4. Water: City of Glendale Wastewater: Septic Fire: City of Glendale Police: MCSO Electric: SRP Z2020057 Page 3 of 8 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 Half-width Existing R/W Half-width Proposed Future Classification Name R/W Carole Ln 25’ No Changes Local Orangewood 40’ No Changes Major Collector Ave Adopted Plans: 6. Maricopa County Vision 2030 (January 13, 2016): Unincorporated areas outside of County area plans are designated Rural Development Area and are only appropriate for rural development and rural zoning. 7. Envision Glendale 2040 (September 30, 2016): Medium Density Residential 2.5 - 3.5 du/ac. The Medium Density Residential designations provide for a suburban lifestyle with planned single-family residential communities. Public Participation Summary: 8. 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 and interested parties. Staff received one letter of support and four letters of opposition from residents within 300’ of the subject site. Residents opposed to the request state that the general operations of the existing business causes excessive noise and traffic in the residential area. Staff has not received any other calls or correspondence to the request. Outstanding Concerns from Reviewing Agencies: 9. N/A. Staff Analysis: 10. Staff believes that the proposed SUP to allow for the continued operation of the Abbco Sign Installation Company meets the standard of a cottage industry and that the request is reasonable given the history of use. Staff has confirmed the use of the site as a de facto cottage industry for at least 17 years and historical aerials confirmed commercial activity on the site in addition to the residential use on since at least 2004 (see historical aerial below). The proposed SUP on the site is consistent with the residential character of the area. It is worth noting that the commercial activity existed on the site for over 10 years until a complaint was submitted. While the Zoning Ordinance does not list commercial activity as a permitted primary use in residential districts, accessory commercial businesses can be permitted with an SUP subject to legislative approval. 11. Staff is of the opinion that a maximum five year SUP is adequate given the long-standing violation and number of unpermitted structures on the site, as well as insufficient Z2020057 Page 4 of 8 screening over portions of the site adjacent to residential. The violation is in administrative remedy status and a compliance agreement was established with a June 19, 2021 compliance deadline. In addition to obtaining the SUP, the property owner must obtain approved building permits for the any walls/screening and the following buildings. Building Identification Key # Dimensions Approx. From Site Plan (Z2020057) Sq. Ft. Accessory Building #1 23' X 40' 920 Storage Container #2 9' X 40' 360 Carport #3 40’ X 42’ 1,680 Attached Carport #6 42’ X 28’ 1,175 Attached Carport #9 18’ X 36’ 648 Detached Carport #10 43’ X 27’ 1,200 Carport #12 120’ X 36’ 4,270 Carport #13 40’ X 80’ 3,200 Carport #15 41’ X 44’ 1,823 Carport #16 14’ X 32’ 451 Carport #17 45’ X 157’ 7,185 Storage Containers 9’ X 40’ 360 #18,19,20 15. Staff has crafted conditions to ensure compliance with the proposed stipulations. A five year SUP will allow the applicant to demonstrate compliance with this SUP and related conditions, and after having done so can request additional time if necessary and deemed appropriate. Historical Aerial Circa 2004 Z2020057 Page 5 of 8 Recommendation: 16. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘j’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “Abbott Cottage Industry”, consisting of 1 full-size sheet, dated December 10, 2020, and stamped received January 19, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Abbco Glendale”, consisting of 8 pages, dated January 14, 2021, and stamped received January 19, 2021, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. At the time of the Building Permit, the plans must be updated to show the freeboard for all retention basins with a depth more than 1.0-ft. 2. At the time of the Building Permit, use C=0.95 for Commercial Use. C=0.50 can be used for the retention basins, but the perimeter must be the top of slope of the retention basins. The runoff coefficient for the entire property cannot be used for the individual contributing areas. 3. Building permits for structures, including block wall fence, on all 5 parcels could not be located. At the time of the Building Permit, provide permit numbers for all current structures on the entitlement properties. If no permit was obtained for this construction, building permits will be required as a condition of this entitlement. 4. At the time of the Building Permit, identify all drainage openings in the block wall fence. If there are no drainage openings in the block wall fence, show how the water will be travel around the block wall fence. 5. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 6. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 7. Carole Lane and the north half of Orangewood Avenue are Operated and Maintained by Maricopa County Department of Transportation (MCDOT). At the time of the Building Permit, a MCDOT permit for the paved driveways for APNs 142-24-018H and 142-24-009A could not be located. Please identify Z2020057 Page 6 of 8 the driveways as paved per MCDOT requirements and provide the permit numbers for the driveways. If no permit was obtained for this construction, a MCDOT permit will be required as a condition of this entitlement. d. Property owner shall apply for all required building permits within 1 year from the date of Board of Supervisors approval, and complete all necessary construction within 2 years from the date of Board of Supervisors approval. e. This special use permit shall expire on May 5, 2026, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. f. No non-resident employees, customers, clients, shall be permitted on the premises for business purposes between the hours of 6:00 p.m. and 6:00 a.m. for all except truck drivers, who may arrive from 5:00 a.m. Monday through Saturday. g. Any outdoor storage shall be completely fenced with a solid masonry wall to obstruct the view to a height equal to the elevation of the tallest materials to be stored not to exceed 10 feet in height. h. Deliveries to and from commercial suppliers (vehicle weight greater than 10,000 lbs.) shall not restrict traffic circulation and shall only occur between 6:00 a.m. and 6:00 p.m., Monday through Saturday. i. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. 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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Jose Castañeda, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Z2020057 Page 7 of 8 Site Plan (1 page) Narrative Report (8 pages) ENG comments (2 pages) MCESD Comments (1 page) Support/opposition (7 pages) Support/Opposition Map (1page) Z2020057 Page 8 of 8 MARICOPA COUNTY Application Name: Abbott Cottage Industry SUP Legal Description T02N R01E 2, T2N R01E 02 Applicant Applicant Phone/Email Ricardo Toris for Earl & Curley 602.265.0094 rtoris@EarlCurley .com Z2020057 Case Address Parcel Primary: 142-24-009A 7617 W CAROLE Ln GLENDALE AZ 85303 142-24-018H, 142-24-018K, 142-24-018L+ Generated March 19, 2021 19:17 PM Gross Acres: 5 approx. Map scale 1:1,484 Supervisor District No. 4 HOME OCCUPATION - COTTAGE INDUSTRY TO ALLOW THE CONTINUED OPERATION OF A FAMILY OWNED & OPERATED SIGN INSTALLATION COMPANY Maricopa County Planning & Development - Phoenix, AZ / A.P.N. #142-24-009A OWNERS:ABBOTT RANDAL/REBECCA YEARS ADDRESS: 7617 WEST CAROLE LANE GLENDALE, ARIZONA 85303 ZONING: R1-6 Street 85014 AREA: 34,854.5 SQ. FT. OR 0.80 ACRES. 12th LEGAL DESCRIPTION Arizona 602-264-6831 www.cvlci.com WARRANTY DEED #2017-0092825 M.C.R. North SITE CELEBRATING60 PARCEL NO. 1 Phoenix, 4550 THE WEST 115.00 FEET OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE Inc. 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA: EXCEPT THE NORTH 25 FEET THEREOF. W. CAROLE LANE DATE 12-10-20 A.P.N. #142-24-023 OWNERS:ABBOTT RANDAL/REBECCA ADDRESS: 7622 WEST ORANGEWOOD AVENUE GLENDALE, ARIZONA 85303 ZONING: R1-6 VICINITY MAP AREA: 18,853.1 SQ. FT. OR 0.43 ACRES. (NOT-TO-SCALE) LEGAL DESCRIPTION WARRANTY DEED #2017-0092825 M.C.R. Consultants, PARCEL NO. 2 BUILDING/SITE KEY THE SOUTH HALF OF THE WEST HALF OF THE EAST HALF OF THE 1. ACCESSORY BUILDING (23' X 40' = 920 S.F.) SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE 2. STORAGE CONTAINER (9' X 40' = 360 S.F.) NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 3. CARPORT (40' X 42' = 1,680 S.F.) 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 4. DWELLING AND PATIO (1,580 SQ. FT.) MARICOPA COUNTY, ARIZONA: 5. DWELLING (1,945 SQ. FT.) 6. ATTACHED CARPORT (42' X 28' = 1,175 S.F.) EXCEPT THE EAST 100 FEET;AND 7. COVERED PATIO (10' X 31' = 443 S.F.) 8. DWELLING & ATTACHED CARPORT (50' X 41.5' = 1,823 S.F.) EXCEPT THE SOUTH 40.00 FEET THEREOF. 9. ATTACHED CARPORT (18' X 36' = 648 S.F.) 10. DETACHED CARPORT (1200 S.F.) A.P.N. #142-24-018H REVISION 11. DWELLING & PATIO (968 S.F.) 12. CARPORT (120 FT. BY 36 FT. = 4,270 S.F.) OWNERS:ABBOTT DONALD D/CHERI L REVIEW Loo 13. CARPORT (40 FT. BY 80 FT. = 3,200 S.F.) ADDRESS: 7647 WEST CAROLE LANE GLENDALE, ARIZONA 85303 14. DWELLING & PATIO (32' X 78' = 2,634 S.F.) ZONING: R1-6 15. CARPORT (1,823 S.F.). AREA: 30,317.8 SQ. FT. OR 0.70 ACRES. 16. CARPORT (14' X 32' = 451 S.F.) COUNTY 17. CARPORT (45'X 157' = 7,185 S.F.) LEGAL DESCRIPTION 18. STORAGE CONTAINER (9' X 40' = 360 S.F.) WARRANTY DEED #2013-0781090 M.C.R. 19. STORAGE CONTAINER (9' X 40' = 360 S.F.) Van 20. STORAGE CONTAINER (9' X 40' = 360 S.F.) THE WEST HALF OF THE WEST HALF OF THE NORTH HALF OF THE MARICOPA 21. SIGN STORAGE AREA SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE 22. SIGN STORAGE AREA NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 23. SIGN STORAGE AREA 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, 24. STORAGE CONTAINER (8' X 20' = 160 S.F.) MARICOPA COUNTY, ARIZONA; PER & 25. STORAGE CONTAINER (8' X 20' = 160 S.F.) 26. STORAGECONTAINER (8' X 20' = 160 S.F.) EXCEPT THE EAST 65.51 FEET; AND 27. STORAGE AREA/CONC SLAB (16' X 19' = 144 S.F.) EXCEPT THE NORTH 25 FEET THEREOF. REVISIONS Coe RECEIVED A.P.N. #142-24-018K NO. 1 12/14/2020 01/19/2021 OWNERS:ABBOTT FAMILY LIVING TRUST ADDRESS: 7638 WEST ORANGEWOOD AVENUE GLENDALE, ARIZONA 85303 ZONING: R1-6 AREA: 47,655.5 SQ. FT. OR 1.09 ACRES. LEGAL DESCRIPTION WARRANTY DEED #2012-0398800 M.C.R. THE SOUTH HALF OF THE WEST HALF OF THE WEST HALF OF THE #Z2020057 SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; INDUSTRY A.P.N. #142-24-018L TRACKING GROUP OWNERS:ABBOTT VIRGINIA TR/DONALD/CHERI TR/ETAL ARIZONA ADDRESS: 7634 WEST ORANGEWOOD AVENUE GLENDALE, ARIZONA 85303 ZONING: R1-6 COTTAGE AREA: 47,658.8 SQ. FT. OR 1.09 ACRES. LEGAL DESCRIPTION PLAN INDUSTRY WARRANTY DEED #2002-1242915 M.C.R. COUNTY, THE SOUTH HALF OF THE EAST HALF OF THE WEST HALF OF THE ABBOTT SIGN SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, SITE COTTAGE MARICOPA COUNTY, ARIZONA; FOR SUP MARICOPA ABBOTT ABBCO REQUEST: NAME: CASE N:\ABBCO\DS.SITE.dwg LOT COVERAGE W. ORANGEWOOD AVENUE Filename: TYPE SQUARE FEET 2020 11, December 12.10.2020 Date: Print SHEET 01 OF 01 Paulm Call at least two full working days 40' 20' 0 40' before you begin excavation. CVL Contact: RYAN WEED By: R CVL Project #: Arizona Blue Stake, Inc. SCALE: 1" = 40' Dial 8-1-1 or 1-800-STAKE-IT (782-5348) © 2020 Coe & Van Loo Consultants, Inc. Printed In Maricopa County: (602) 263-1100 All rights reserved to reproduction in any format Abbco Glendale Special Use Permit for a Home Occupation, Cottage Industry on approximately 4.08 acres located at the northeast corner of Orangewood Avenue and the 77th Lane (alignment) in the Glendale area of unincorporated Maricopa County APNs: 142-24-009A, 142-24-018H, 142-24-018K, 142-24-018L and 142-24-023 Application No.: Z2020057 VICINITY MAP Submittal date: May 22, 2020 RECEIVED Revised: January 14, 2021 12/14/2020 01/19/2021 Introduction & Purpose of Request: Our office represents the Abbott Family and Abbco Sign Group (“Abbco”) the family owned and operated sign installation company, which seeks a Special Use Permit for a Home Occupation, Cottage Industry (“Cottage Industry”). The purpose of this request is to bring the subject property into conformance with the County’s regulations under a Special Use Permit for a Home Occupation, Cottage Industry to allow the continued operation of a family owned and operated sign installation company (and related accessory uses) on five (5) parcels. The family’s sign business has been operating for over 20 years and at this property under the same Arizona family ownership. Description of Proposal: The subject property totals approximately 4.08 acres (177,716 square feet) and is located at the northeast corner of Orangewood Avenue and the 77th Lane alignment in the Glendale area of unincorporated Maricopa County. As mentioned, this proposal seeks a Special Use Permit for a Home Occupation, Cottage Industry to allow the continued operation of a family owned and operated sign installation company and related accessory uses on five (5) parcels. The irregular shaped property has two street frontages. Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 2 of 8 The Assessor Parcel Numbers (APN’s), and the respective site addresses and ownership are as follows: APN Site Address (all Glendale 85303) Owner 142-24-009A 7617 West Carole Lane Randal & Rebecca Abbott 142-24-018H 7647 West Carole Lane Donald & Cheri L. Abbott 142-24-018K 7638 West Orangewood Avenue Abbott Family Living Trust 142-24-018L 7634 West Orangewood Avenue Virginia Abbott Trust / Donald & Cheri L Abbott Trust, et al 142-24-023 7622 West Orangewood Avenue Randal & Rebecca Abbott The three (3) parcels along Orangewood Avenue all have residences on them, along with uses/improvements related to the sign installation operation. The two (2) parcels along Carole Lane do not have residences but do have uses and improvements related to the sign installation operation. The existing underlying zoning of all five (5) of the parcels is R1-6 (Single-family Residential; 6,000 square foot minimum area per lot). All five parcels function together through common internal circulation between them. There are three access point to the site from Orangewood Avenue and two from Carole Lane. Primary gated access to the overall site is provided via Orangewood Avenue. The two parcels along Carole Lane have emergency access onto Carole Lane for the Home Occupation, Cottage Industry use. These access points are primarily used for emergency access and used by the owners minimally at their discretion related to their operations. Use of Carole Lane access will be minimal residential accessory use only. As mentioned, this is a family owned and operated sign company that has been in business for over 20 years. This sign company has a contract with the State to fix or replace highway and street signs throughout the State of Arizona. The sign installation company does not conduct manufacturing of the signs on site; rather, the business receives signs and sign posts, which are manufactured offsite, then delivered to the site. These signs and sign posts are generally delivered approximately once a month. Once delivered, they are loaded onto the business’ own trucks and trailers and taken to the various locations throughout the State of Arizona for installation. Old signs which have been replaced are returned to the site and stored on site, internal to the property, until they are taken to be remanufactured elsewhere. There are approximately 19 trucks and trailers that are parked internal to the site and parked under shade canopies There are storage containers on site that store the parts needed for installation of signs. The business also repairs and maintains signs for the State. Minor maintenance of equipment and trucks and parking of same does occur onsite. Outdoor storage of signs and equipment related to the sign installation operation also are located onsite. The accessory storage containers, sign storage areas, and service trucks are all kept internal to the site, with minimum visibility from the adjacent streets. There are no customers coming to this site as this is not a retail sign company. There are four homes on the site where family members currently live. The family business employs a workforce of 10 employees. Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 3 of 8 The property owners have tried to maintain the residential look and feel from the adjacent streets. In fact, there are three homes fronting Orangewood Avenue. See photos on next page. View from Orangewood Avenue View from Orangewood Avenue As noted above, the proposed use of the site is a Home Occupation, Cottage Industry, as allowed under Section 1301.1.18 of the Maricopa County Zoning Ordinance. Hours of Operation: The hours of operation vary between 6am - 6pm Monday through Friday. Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 4 of 8 Relationship to Surrounding Properties: The existing development is within an unincorporated area of the County and within the City of Glendale planning boundary. Orangewood Avenue separates this subject property from the City of Glendale. The subject site is generally level and slopes gently to the south and west. The site location is shown on Exhibit A. The site is surrounded by existing single-family residential uses to the west, north, and east that are within the unincorporated area of the County. While zoned R1-6 in the County, many of the lots within the County island are 13,000 square feet or larger and many are 42,000 square feet and larger in size. The two properties to the immediate west are 49,662 and 52,319 square feet in size. The properties to the north (across Carole Lane) are 80,845 and 20,299 square feet in size. The two properties to the immediate east are 64,362 and 13,860 square feet in size. The land uses and zoning of the surrounding properties are as follows: North: Across Carole Lane, single-family residences zoned R1-6 and within the County. The three parcels north of the southern parcel but south of Carole Lane are single-family residences zoned R-16 and within the County. South: Across Orangewood Avenue, single-family residences zoned R1-7 PRD in the City of Glendale. East: Single-family residences zoned R1-6 and within the County. West: Single-family residences zoned R1-6 and within the County. Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 5 of 8 Location and Accessibility: The subject site is located approximately 921 feet west of 75th Avenue and Orangewood Avenue intersection. Orangewood Avenue borders the site on the south and has 75 feet of right-of-way. Orangewood Avenue is currently a two-lane paved road with a center turn lane and is designated as a collector road. Carole Lane is located to the north of the subject site and has 50 feet of right-of-way. Carole Lane is a two-lane paved road and designated as a local street. Primary gated access to the overall site is provided via Orangewood Avenue. While two parcels front onto Carole Lane these access points are emergency access only for the business operation and rarely use residential secondary access. Walls and Fencing: The irregular shaped property fronts onto Orangewood Avenue, the site’s main street frontage, and is constructed from a combination of block and metal railing. Circulation System (on and off-site): The irregular shaped property fronts onto Orangewood Avenue, the site’s main street frontage, and is approximately 394 feet in width. There are two gated driveways on Orangewood Avenue. The driveway entrances are setback from the edge of Orangewood Avenue pavement to pull Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 6 of 8 traffic off the collector road into an internal circulation system, allowing safe access to all of subject property. Access from Orangewood Avenue No regular access is proposed to Carole Lane, which runs east-west along the northern boundary of the site. There is an existing driveway onto Carole Lane; this will remain for emergency ingress/egress only in relation to the business operation, and rarely used access for the residences. Interior circulation areas are paved which provides a hard driving surface to all accessory buildings, storage areas and units on site. Development Schedule (Phasing): The property is already developed and being used. This continued use of the property is subject to receiving approval of the Special Use Permit and conforming to the stipulation of approval. It is also subject to adhering to the Compliance Agreement terms. Community Facilities and Services: As a non-residential use, no impact to schools or other area community facilities or services is expected to occur. Public Utilities and Services: Electric SRP Gas Southwest Gas Phone Verizon. Telecommunication services such as telephone, TV and internet are available through Cox Communication, CenturyLink and others. Refuse Private. Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 7 of 8 Sewer Septic. Water Property is currently in the County, however, water service is provided by City of Glendale Police Maricopa County Sheriff office but an agreement with City of Glendale to service. There are two police stations within the City of Glendale and within 3 miles of the subject site. Fire Property is currently in the County, however, there are three fire Stations within the City of Glendale and within 3 miles of the subject site. Conclusion: The sign installation company does not conduct manufacturing of the signs onsite; signs are delivered from offsite, then installed at various locations throughout the State. Signs are occasionally repaired and maintained. Minor maintenance of equipment and trucks occurs onsite. Outdoor storage of signs and parking of equipment and vehicles related to the sign installation operation are accommodated onsite. There are no customers coming to this site. The Abbott Family and Abbco Sign Group (“Abbco”) respectfully request approval of a Special Use Permit for a Home Occupation, Cottage Industry (“Cottage Industry”) to bring the subject property into conformance with the County’s regulations and to allow the continued operation of a family-owned-and operated sign installation company (and related accessory uses) on five (5) parcels.. O:\INDEX\Abbco Sign Group\Docs\3rd Submittal Materials\Abbco (Glendale) - Special Use Permit Narrative 3rd Submittal_1.14.2021.docx Special Use Permit Narrative for a proposed Home Occupation / Cottage Industry NEC Orangewood Avenue & 77th Lane (alignment) Page 8 of 8 Maricopa County Planning & Development Department Date: 03/08/2021 Jeri Loucks, P.E.C.F.M. Planning & Development 501 North 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Phoenix, Arizona 85008 Phone: (602) 506-6332 Development Fax: (602) 506-3282 www.maricopa.gov/planning Email address: Attn: Jose Castaneda, Planner, Planning & Development Services Jeri.Loucks@maricopa.gov From: Jeri Loucks, P.E.C.F.M., Plans Examiner Engineer (Drainage), Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2020057 – Special Use Permit – Abbott Cottage Industry (E3.1Memo) Job Site Address: 4065 S. Hawes Road Mesa, AZ 85212 APN(s): 142-24-009A, 142-24-018H, 142-24-018K, 142-24-018L and 142-24-023 P&D Engineering Review has reviewed the plans and report submittal date stamped 01/20/2021 for the subject application. Engineering Review has no objections to this application provided any approval includes the following stipulations: 1. At the time of the Building Permit, the plans must be updated to show the freeboard for all retention basins with a depth more than 1.0-ft. 2. At the time of the Building Permit, use C=0.95 for Commercial Use. C=0.50 can be used for the retention basins, but the perimeter must be the top of slope of the retention basins. The runoff coefficient for the entire property cannot be used for the individual contributing areas. 3. Building permits for structures, including block wall fence, on all 5 parcels could not be located. At the time of the Building Permit, provide permit numbers for all current structures on the entitlement properties. If no permit was obtained for this construction, building permits will be required as a condition of this entitlement. 4. At the time of the Building Permit, identify all drainage openings in the block wall fence. If there are no drainage openings in the block wall fence, show how the water will be travel around the block wall fence. Any approval of this case should include the following standard stipulations: 5. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 6. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. Following are comments from the P&D Transportation: 1. Carole Lane and the north half of Orangewood Avenue are Operated and Maintained by Maricopa County Department of Transportation (MCDOT). At the time of the Building Permit, a MCDOT permit for the paved driveways for APNs 142-24-018H and 142-24-009A could not be located. Please identify the driveways as paved per MCDOT requirements and provide the permit numbers for the driveways. If no permit was obtained for this construction, a MCDOT permit will be required as a condition of this entitlement. Please contact me if you have any questions or require any additional information. Maricopa County Environmental Services Department Water and Waste Management DATE: July 8, 2020 Division Subdivision Infrastructure & Planning Program TO : Jose Castaneda, Planning & Development Dept. 1001 N. Central Avenue #150 Planner Phoenix, Arizona 85004 Phone: (602) 506-1058 Fax: (602) 506-5813 FROM: Souren Naradikian, P.E. TDD 602 506 6704 Senior Civil Engineer SUBJECT: SUP Home Occupation-Cottage Industry. Z2020057 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Development Department for the above referenced project. This project is a request for SUP Home Occupation-Cottage Industry at APN# 142-24-018K. 142-24-018L. 142-24- 023. 142-24-018H and 142-24-009A. Water - City of Glendale, MCESD has no objections. ATC must be obtained if applicable. Sewer – existing septic systems, MCESD has concerns, minor plan review is required prior to any construction permit approval. Based on the above, MCESD raise no concern for this project to the Planning & Development Department in Accela Automation on July 8, 2020. 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. From: danh tran To: Jose Castaneda (PND) Subject: 142-24-009A, 142-24-018H, 142-24-018K, 142-24-018L, 142-24-023 Date: Sunday, August 16, 2020 5:17:37 PM Hi Jose, Complain too much noise, and truck coming in and out. Dan Tran Phone: 602-761-6938 From: Lori Cook To: Jose Castaneda (PND) Subject: ABBCO Glendale special use permit Date: Thursday, August 6, 2020 8:03:18 PM I live at 7701 W. Carole Ln. My family built this home in the mid 1960s. We have known the Abbott family for many generations. They are nice people. I do, however, have issues over they're expanse of their business onto Carole Ln and the adjoining lot. There is lots of "junk" accumulating there. They also drive Large trucks in and out of the property. The trucks are almost always between 3 a.m. and 5 a.m. and they always wake me! They also vibrate the ground to such an extent that it rattles my windows and doors. This is unacceptable, and I should not have to live with it. I feel that they don't care about their neighbors or our property value. I am totally against this business, and wish they would do the right thing and use a commercial area, where it should be. Thank you Sent from Yahoo Mail on Android From: Marieta Nedyalkova To: Jose Castaneda (PND) Subject: Re: Special Permit Request of Business in Residential Area- Complaint Date: Monday, August 31, 2020 10:51:02 AM Location of Site: Northeast of Orangewood Ave and 77th Lane (South of Carole Ln 85303) RE: There is a notice of a Special Permit by the owner of a Large Scale business operating in a residential area and causing disturbance to the residents in the neighboring lots. I am writing in response to the current actions taken by the owners of the business seeking a special permit as noted above. First and foremost I was not aware that the complaints are not anonymous as I was assured by a Maricopa County official. Secondly, I was contacted by the lawyer of the Abbco Co and it was said to me that they would like to get us on their side and support them. I find this to be inappropriate in the given situation. Lastly the owner of the company at question is directly and in person confronting the other neighbors who have also filed a complaint. This is unacceptable! There is pressure forced upon my neighbors and my neighborhood for the benefit of a commercial business that should not be there. Personal confrontations are a serious problem and should not occur since every neighbor has the right to object to the given matter especially when it causes disturbance. I’m am disappointed in the way the situation is handled and the fact that personal information has been disclosed to the the person filing. My husband and I and the neighbors are continuing to hold our ground on the matter and we hope is soon resolved Respectfully Marieta Nedyalkova Ivan Dishliev Sent from my iPhone On Aug 3, 2020, at 1:45 PM, Marieta Nedyalkova <etinedyalkova@gmail.com> wrote: Location of Site: Northeast of Orangewood Ave and 77th Lane (South of Carole Ln 85303) RE: There is a notice of a Special Permit by the owner of a Large Scale business operating in a residential area and causing disturbance to the residents in the neighboring lots. There is a large scale, industrial business operations that are taking place in a residential area. This causes loud noises, large commercial vehicles exiting and entering the lots, construction machinery. The business does not have a permit, however there is an application for a Special Permit. However, the neighbors do not agree there be such a large scale business next door that cause disturbance of the quiet residential area and the families (with small children) there. We do not wish there to be such operations in the vicinity of the residential area. Please help us keep our peace and quiet in this residential cottage area Thank you Marieta Nedyalkova and Ivan Dishliev Residents at: 7623 W Carole Ln, Glendale AZ 85303 From: Marieta Nedyalkova To: Jose Castaneda (PND) Subject: Special Permit Request of Business in Residential Area- Complaint Date: Monday, August 3, 2020 1:45:57 PM Location of Site: Northeast of Orangewood Ave and 77th Lane (South of Carole Ln 85303) RE: There is a notice of a Special Permit by the owner of a Large Scale business operating in a residential area and causing disturbance to the residents in the neighboring lots. There is a large scale, industrial business operations that are taking place in a residential area. This causes loud noises, large commercial vehicles exiting and entering the lots, construction machinery. The business does not have a permit, however there is an application for a Special Permit. However, the neighbors do not agree there be such a large scale business next door that cause disturbance of the quiet residential area and the families (with small children) there. We do not wish there to be such operations in the vicinity of the residential area. Please help us keep our peace and quiet in this residential cottage area Thank you Marieta Nedyalkova and Ivan Dishliev Residents at: 7623 W Carole Ln, Glendale AZ 85303 Welcome Castaneda, Jose Log Out Issue # Home Main Menu View Issue #185629 My IssueTrak email issue Issue Detail Add Note Close View Add Note Issue #: 185629 Attachments Last Name: STANDLEY Next Action First Name: CRAIG Edit Citizen Phone Number: N/A Information: Close Email Address: craigstandley1956@gmail.com Clone/Copy Permit #: Z2020017 details Submit Issue Organization: Planning and Development history Search Issues Submitted By: Baldonado, Rosemary on 17-Aug-2020 5:40PM 602-506-5128 history Division ID: PNDDevServ - Development Services Lookup Issue # Subject: Case# Z2020057 Knowledge Base Projects Description: Hello I am a neighbor of the abco sign company adjacent to the south and west Reports of my home and property. I couldn’t ask for a better neighbor. They are professional and do not hesitate to help a neighbor with any need. I think it’s Custom Reports ridiculous that they would not be able to operate at this property any longer. Log Out Thanks for your time. Contact Type: Email Division Type: Development Services SubType 1: Planning SubType 2: SubType 3: SubType 4: Assigned To: CustomerService, PND on 17-Aug-2020 5:40PM details Adj Time Open: 51:06 Reopened By: Cannon, Adam on 18-Aug-2020 4:51PM 602-372-0292 Total Time Open: 51:06 Issue Status: Open history Priority: Medium Responsibility Next Action: Castaneda, Jose on 21-Aug-2020 8:27AM 602-506-7172 details Planning on 17-Aug-2020 5:40PM details Solution: Reopened - accidentally closed - AC Supporting Info Notes Resolution Info Task Manager Task AssignedTo Completed Time Add Note Close Z2020057 - Abbott Cottage Industry Subject Property and SUP Area 300’ Buffer Support Opposition Parcels (2 of 3) Planning and Development Department DATE: April 8, 2021 TO: Planning and Zoning Commission FROM: Jose Castañeda, Planner SUBJECT: Z2020057 - Abbott Cottage Industry SUP Agenda Item: #3 Since the publishing of the staff report for the above case, the applicant presented a petition of support and a map showing the location of the support. Attachments: Map of Support (1 page) Support Petition (2 pages) Property Owners in Support of Z2020057 Abbott Cottage Industry SUP B A Site Orangewood Avenue C