Z2018106 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: February 10, 2021
Case #/Title: Z2018106 - Storage Surprise
Supervisor District: 4
Applicant/Owner: Rod Jarvis, Earl & Curley P.C. / Lawrence Hancock
Request: Rezoning from Rural-43 to C-3 CUPD WHSC zoning district for
a commercial outdoor storage and self-storage facility
Site Location: Generally located approximately 390’ southeast of the
intersection of 163rd Ave. and 162nd Dr. in the Surprise area
Site Size: Approximately 4 acres
County Island Status: Yes (Surprise)
Additional
Comments: There are no outstanding concerns from reviewing agencies.
Staff notes the zone change request complies with the City’s
land use designation and there is an existing outdoor storage
facility located directly to the south. A will serve for fire
protection was provided as a Commission handout from
Arizona Fire and Medical Authority to serve the site.
The City of Surprise provided a letter on January 13, 2021 with
a request for continuance and 8 recommended conditions if
the Commission decided to take action. Staff presented to
the Commission that this case had been in review going on 3
years and included 5 resubmittals. The applicant was not
supportive of a continuance and staff did not believe a
continuance would be appropriate as the City’s
recommended conditions dealt with an adjacent parcel
outside County jurisdiction. The County would not be able to
enforce any condition outside County jurisdiction related to
landscaping, dedication and access. Staff provided the letter
to the Commission and presented analysis for each
recommended condition for Commission consideration.
Summarized statements of the City’s recommended
conditions and County analysis are included on the next
page:
February 10, 2021
Z2018106
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1. Facility required to connect to City Water and Sewer.
County analysis – the proposed site will be developed with
on-site well and on-site septic.
2. Dedication of 40’ of parcel 004C to the City as half-width
for 162nd Dr. and 8’ PUE. County analysis – Parcel 004C is
not located within the County jurisdiction and 162nd Dr. is
not part of the County roadway network, no dedication is
required with this zoning application per Planning
Engineering review.
3. Enhanced setbacks – County evaluation these setbacks
exceed the applicant’s request due to outdoor storage
uses.
4. Decorative masonry columns with faux stone to be
placed at each corner with spacing 80’ apart, walls to be
setback 20’ to allow landscape area along west property
line. County analysis – The County does not have design
review standards for walls and columns, increased 20’
setback for landscaping that conflicted with proposed
setback of 5’ listed in comment number 3.
5. Improvements to 162nd Dr. right of way to include right turn
and left turn pockets. County analysis – Roadway
improvements to 162nd Dr. is outside of County jurisdiction,
staff noted that 162nd Dr. has about 8 parcels that front to
R/W and is about ¼ mile in length.
6. Interior drive aisles to meet turning radius. County analysis
– the site plan shows the drive aisles at approximately 30’
in width, and received will serve letter from Arizona Fire
and Medical Authority to serve the site.
7. Primary access to allow vehicle turn around. Entrance to
public right-of-way shall be through forward motion of the
vehicle. County analysis – The site plan as presented shows
access with the driveway on parcel 004C and includes
forward motion of vehicles in compliance with MCZO
regulation 1102.7.3.
8. Maintenance of landscaping within 162nd Dr. right-of-way
adjacent to the site is the responsibility of the applicant.
County analysis – This comment is outside County
jurisdiction, the base C-3 zoning does not require
landscaping.
The Commission took action to recommend approval of the
zone change request without inclusion of the City’s
recommended conditions.
Commission
Recommendation: On 1/14/21, the Commission voted 6-0 to recommend
approval of Z2018106 subject to conditions ‘a’ – ‘j’:
a. Development of the site shall be in substantial conformance with the Zoning Exhibit
entitled “Z2018106 Surprise Storage – Zoning Exhibit”, consisting of 1 full-size sheet
February 10, 2021
Z2018106
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dated October 6, 2020, and stamped received October 21, 2020 except as
modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Storage Surprise Narrative Report”, consisting of 21 pages, dated
October 6, 2020 and stamped received October 21, 2020 except as modified by
the following conditions.
c. The following C-3 CUPD zoning district standards shall apply:
1. Maximum Height: 33’ (Compliance with Wickenburg Highway Scenic
Corridor)
2. Front Yard Setback (west property line): 0’
3. Side Yard Setback (south property line): 0’
4. Street-side Yard Setback (north property line): 25’, 0’ after dedication of
Williams Dr. r/w
5. Rear Yard Setback (east property line): 0’
6. Maximum Lot Coverage: 75%
7. Screening: 7’ – 9’ (h) masonry block wall for north, east and west property
lines. 7’ – 9’ (h) CMU to be constructed within the Williams Dr. R/W
reservation. Northern 25’ on western property line and northern 25’ on
eastern property line.
8. Site Enclosure: Storage may occur within the 0’ setbacks. Storage products
and materials may exceed the height of the enclosure.
9. Sight visibility triangles: No sight visibility triangles
d. The following Planning Engineering conditions shall apply:
1. Drainage review of planning and/or zoning cases if 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.
2. 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.
3. All obstructions, including the wall and the pods, shall be removed upon
required dedication of the 25-foot Williams Drive half-street right-of-way to
MCDOT at the owner’s expense.
4. Drywell shall be installed with at least a 50-foot spacing in order to avoid
drywell interference.
5. A minimum of 33.500 cubic feet of onsite stormwater retention plus a foot
of freeboard meeting the Drainage Policies and Standards of Maricopa
County is required.
e. All habitable buildings are subject to noise attenuation as per ARS § 28-8482(B).
February 10, 2021
Z2018106
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f. Use of the existing 6’ (h) block wall along the southern perimeter for self-storage
structures shall require a 4 hour fire-rated wall at the property line.
g. The CUPD overlay is applied to restrict the use of the site. Until such time as the site
is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County Environmental Services Department (MCESD) that can be
accommodated by septic systems. A public water system and public sewer
system shall be required prior to establishment of any non-residential use that
requires potable water.
h. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
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 owner 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 Gerard, AICP, Planning Manager
Attachments: 1/14/21 P&Z Packet (38 pages)
Arizona Fire & Medical Authority will serve letter PZ handout (1 page)
City of Surprise letter PZ Handout (8 pages)
Note: 1/14/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
February 10, 2021
Z2018106
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2018106 - Storage Surprise
Hearing Date: January 14, 2021
Supervisor District: 4
Applicant: Rod Jarvis, Earl & Curley P.C.
Owner: Lawrence Hancock
Request: Rezoning from Rural-43 to C-3 CUPD WHSC zoning district for a
commercial outdoor storage and self-storage facility
Site Location: Generally located approximately 390’ southeast of the intersection
of 163rd Ave. and 162nd Dr. in the Surprise area
Site Size: Approx. 4 acres
Density: N/A
County Island: Yes (Surprise)
County Plan: White Tank/Grand Avenue Area Plan - Proposed Annexation
Municipal Plan: City of Surprise General Plan – Commerce & Office
Municipal Comments: None received to date
Support/Opposition: None known
Recommendation: Approve with conditions
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Project Summary:
1. The request is for a zone change from Rural-43 to C-3 CUPD on approximately 4 acres.
The site is generally located 390’ southeast of the intersection of 163rd Ave. and 162nd Dr.
in the Surprise area. The applicant is proposing to rezone the site for outdoor commercial
storage and self-storage uses to include RVs, boats, and single-story self-storage buildings.
The facility will be developed as a single phase and is located adjacent to an existing
outdoor storage facility to the south.
2. The preferred development for the site would be for outdoor storage, but could also
include self-storage facility, the site plan presented include a combination of land uses.
The site plan currently does not identify shade covers or canopies. The applicant
understands that any variation to the approved site plan to modify the layout to include
canopies or shade covers or alternating the layout would require an amendment with
required permitting.
3. The facility will include a 1,000 sq. ft. building to accommodate an office, this office may
also serve as a residence, but is not currently proposed at this time. The site will be secured
with a solid CMU fencing ranging in height from 7’ – 9’ along the northern, eastern and
western boundaries. The southern property line has an existing 6’ wall that will utilized for
self-storage structures, staff notes that Building Plan Review has indicated use of the wall
for self-storage structures would require a 4-hour fire rated wall. A condition has been
added to address a 4-hour fire rated wall.
4. The facility will have operating hours from 6 a.m. to 10 p.m. 7 days a week, with a single
employee. Customers may have access to the site from 10 p.m. to 6 a.m. with a gate
code and keycard access. No signage and outdoor lighting proposed, building
mounted or pole mounted security lighting may be installed. The facility will include the
following number of storage spaces:
Description Dimensions Number of Units/
Sq. Ft.
Office Building - 1,000 sq. ft.
building
Pods (eastern region) 8’ x 20’ 35 units
Pods (western region) 8’ x 20’ 13 units
Temporary RV Parking (northern region of site) 11’ x 25’ 31 units
RV Parking (southern region) 11’ x 25’ 30 units
Diagonal Storage 11’ x 45’ 30 units
Pods (central region) – 3 areas 8’ x 20’ 234 units
Total number of storage units 373
5. Access to the site will be via a driveway through parcel 503-57-004C which is owned by
the same property owner of this site. The adjacent parcel is within City of Surprise
jurisdiction and not subject to this application. There will be two decomposed granite
driveways that connect through the adjacent parcel to 162nd Dr. The applicant has
stated that City of Surprise requested the owner to provide frontage landscaping along
162nd Dr. on parcel 004C with similar landscaping with the existing 303 RV Storage facility
located to the south. Planting will include an area of 40’ in width to include palm trees,
Z2018106
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bougainvillea and ground cover. The applicant has requesting as part of this application
to eliminate the sight visibility triangles.
6. The site is adjacent to future mid-section right-of-way alignment for Williams Dr. to the
north, MCDOT has reduced the dedication from 40’ to 25’. MCDOT is currently not asking
for dedication at this time. The owner will be utilizing the northern area for temporary
storage RV storage, and constructing solid CMU fencing along the property lines within
the 25’ futured dedication for right-of-way. The owner is aware that upon request for
dedication from MCDOT all expenses related to temporary storage and removal of the
existing walls will be at the owner’s expense. Planning Engineering has included a
condition to address the future dedication of Williams Rd.
7. Water will be provided via on-site well and wastewater with on-site septic system. Police
services by the Maricopa County Sherriff’s Office and fire service will be provided by the
City of Surprise Fire Station 304.
8. The applicant is requesting variations to the C-3 zoning district standards to include
reduced setbacks, reduction in parking, and elimination of the sight visibility triangles. The
following CUPD table identifies modified standards in bold from the base zoning district
standard. The applicant states these deviations are being requested due to limited
existing outdoor storage units in the vicinity, and proximity to major roadways including
Grand Ave. and Loop 303.
BASE ZONING DISTRICT PROPOSED ZONING DISTRICT
REGULATION
REGULATIONS (C-3) REGULATIONS (C-3 CUPD)
33’ (Compliance with
Maximum Height 40' Wickenburg Highway Scenic
Corridor)
Front Yard (west property line)
25’ 0’
Side Yard (south property line) 10' 0’
35’ (includes 25’ R/W 25’
Street-Side Yard (north
reservation and 10’ street- 0’ setback after dedication of
property line)
side setback) Williams Dr. R/W
Rear Yard (east property line)
25’ 0’
Lot Area 6,000 sq. ft. 6,000 sq. ft.
Lot Width 60' 329’
Lot Coverage 60% 75%
2 Standard Parking & 1 ADA due
Parking Spaces 1:250 parking ratio to limited outdoor storage use
and limited visitors to site.
7’ – 9’ high masonry block wall
for north, east and west property
lines.
7’ – 9’ CMU wall to be
Screening 6' (h) solid masonry wall
constructed within Williams Dr.
R/W reservation. Northern 25’ on
western property line and
northern 25’ on eastern property
line.
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Article 805.9.1.b: No
outdoor commercial use
or enclosure thereof shall
Storage may occur within the 0’
encroach into any
requested setbacks. Stored
required setback area
Site Enclosure products and materials may
adjacent to any street,
exceed the height of the
nor shall any storage
enclosure.
products or materials
exceed the height of any
such enclosure.
1111.4.2: Sight visibility
triangle – no structure,
landscaping, fence, wall,
Sight Visibility Triangles terrace or other No sight visibility triangles
obstruction to view in
excess of two (2) feet in
height – 25’ x 25’
9. The parcel is located within the Wickenburg Highway Scenic Corridor (WHSC) Overlay
Zoning District, as outlined in the above chart, which is an area that encompasses land
within 2 miles of the edge of right-of-way ono both sides of the highway. This parcel is
located approximately ¼ mile northeast of the highway and is classified as Class 2 which
are identified as properties that are within 300’ to ¼ mile from the U.S. 60 right-of-way. This
region indicates any zone changes should be consistent with the goals and policies of
the Corridor Plan. Staff notes the applicant has address the Wickenburg goals in the
policies within the narrative report to include the following categories: hydrology, scenic
qualities, and land use to identify a few. There is a height limitation within class 2, which
the applicant has included as part of the CUPD to limit height to 33’.
10. It should be noted that since the applicant is proposing a site plan (required plan of
development, POD) and although the zone change is a legislative approval, the POD is
administratively approved. Therefore, POD approval is contingent upon prior rezoning
approval.
Aerial image of subject site.
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Aerial image of vicinity and adjacent land uses.
Existing zoning on subject site.
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City of Surprise jurisdiction to the west of subject site.
Existing On-Site and Adjacent Zoning / Land Use:
11. On-site: Rural-43 / vacant
North: Rural-43 / agricultural uses
South: Rural-43 Special Use Permit/ outdoor storage
East: Rural-43 / vacant land
West: PAD (Surprise jurisdiction)/ vacant land
Utilities and Services:
12. Water: On-site well
Wastewater: On-site septic system
School District: Dysart Unified School District
Fire: Surprise Fire Station 304
Police: MCSO
Right-of-Way:
13. The following table includes existing half-width right-of-way dimension as listed on the
Maricopa County Assessor’s GIS map. Staff notes this parcel is separated from the R/W
with parcel 503-57-004C (under same ownership), therefore no dedication is required with
development of this parcel.
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
162nd Dr. 40’ along western half No dedication Roadway within
of 162nd Dr. required with this Surprise jurisdiction
application.
Williams Drive 0’ 25’ half width Collector
alignment dedication when
requested by MCDOT
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Adopted Plans:
14. White Tank/Grand Avenue Area Plan (adopted December 2000): The White Tank/Grand
Avenue Area Plan designates the site as Proposed Annexation. Since the site is approx. 4
acres, the site is below the 40 acre threshold required to change the land use
designation.
15. City of Surprise General Plan (adopted June 16, 2014): The General Plan identifies the site
as ‘Commerce & Office’ Uses include regional commercial, commercial office and
mixed uses such as residential and commercial.
Public Participation Summary:
16. The applicant complied with the Maricopa County Citizen Review Process with the
required posting of the site and notification by first class mail to adjacent property owners
within 300’ of the subject parcel and to interested parties. As of the date of this report,
neither the applicant nor staff has been notified of any objections from the general
public.
Outstanding Concerns from Reviewing Agencies:
17. N/A.
Staff Analysis:
18. Staff is supportive of the zone change to C-3 CUPD for outdoor commercial storage uses.
There is similar existing outdoor commercial storage land use to the south. The zone
change is consistent with the City of Surprise land use designation of Commerce. The site
is identified for future annexation by Surprise and is consistent with the City’s plan for
commercial. The zone change application was routed to the City of Surprise for review
and comment, staff did not receive a response. ADOT provided a response with no
comment on the zone change application. Luke Air Force Base provided a response
indicating the site will not negatively impact the flying operation of the base. There are
no outstanding concerns from County agencies.
Recommendation:
19. 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 Zoning Exhibit
entitled “Z2018106 Surprise Storage – Zoning Exhibit”, consisting of 1 full-size sheet
dated October 6, 2020, and stamped received October 21, 2020 except as
modified by the following conditions.
b. Development of the site shall be in substantial conformance with the Narrative
Report entitled “Storage Surprise Narrative Report”, consisting of 21 pages, dated
October 6, 2020 and stamped received October 21, 2020 except as modified by
the following conditions.
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c. The following C-3 CUPD zoning district standards shall apply:
1. Maximum Height: 33’ (Compliance with Wickenburg Highway Scenic
Corridor)
2. Front Yard Setback (west property line): 0’
3. Side Yard Setback (south property line): 0’
4. Street-side Yard Setback (north property line): 25’, 0’ after dedication of
Williams Dr. r/w
5. Rear Yard Setback (east property line): 0’
6. Maximum Lot Coverage: 75%
7. Screening: 7’ – 9’ (h) masonry block wall for north, east and west property
lines. 7’ – 9’ (h) CMU to be constructed within the Williams Dr. R/W
reservation. Northern 25’ on western property line and northern 25’ on
eastern property line.
8. Site Enclosure: Storage may occur within the 0’ setbacks. Storage products
and materials may exceed the height of the enclosure.
9. Sight visibility triangles: No sight visibility triangles
d. The following Planning Engineering conditions shall apply:
1. Drainage review of planning and/or zoning cases if 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.
2. 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.
3. All obstructions, including the wall and the pods, shall be removed upon
required dedication of the 25-foot Williams Drive half-street right-of-way to
MCDOT at the owner’s expense.
4. Drywell shall be installed with at least a 50-foot spacing in order to avoid
drywell interference.
5. A minimum of 33.500 cubic feet of onsite stormwater retention plus a foot
of freeboard meeting the Drainage Policies and Standards of Maricopa
County is required.
e. All habitable buildings are subject to noise attenuation as per ARS § 28-8482(B).
f. Use of the existing 6’ (h) block wall along the southern perimeter for self-storage
structures shall require a 4 hour fire-rated wall at the property line.
g. The CUPD overlay is applied to restrict the use of the site. Until such time as the site
is served by sewer, uses on the site shall only be those acceptable to the Maricopa
County Environmental Services Department (MCESD) that can be
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accommodated by septic systems. A public water system and public sewer
system shall be required prior to establishment of any non-residential use that
requires potable water.
h. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
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 owner 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(reduced 8.5”x11”, 1 page)
Narrative Report (22 pages)
Engineering comments (1 page)
MCESD Comments (1 page)
Luke AFB comments (2 pages)
ADOT comments (2 pages)
Z2018106
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ARIZONA FIRE & MEDICAL AUTHORITY
Protecting life and property and enhancing the well-being of all those we serve
January 11, 2021
Lawrence Hancock
17162 W. Gambit Trail
Surprise, AZ 85387
RE: Assessor’s Parcel Number 503-57-004D
To Whom It May Concern:
Please be advised that the above referenced parcel number is receiving fire protection and
emergency medical services from the Arizona Fire & Medical Authority. The Authority will
respond to any emergency at that location.
The Authority has full-time career staffing, an Insurance Services Office (ISO) protection class
rating of one (1) and provides ambulance services.
Additionally, the Authority participates in the Phoenix Metro area automatic aid system.
Participation in this system means that a resident need only dial 9-1-1 and the closest available
unit will respond regardless of jurisdictional boundaries.
Please feel free to contact our office with any questions or concerns.
Respectfully,
Eric Kriwer
Fire Marshal
ARIZONA FIRE & MEDICAL AUTHORITY
18818 N. Spanish Garden Drive, Sun City West, AZ 85375 ⦁ P (623) 544-5400 ⦁ F (623) 544-5455 ⦁ www.afma.az.gov