PZ-2 Z2018134 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: April 24, 2019
Case #/Title: Z2018134 – Toy Barn North
Supervisor District: 3
Applicant/Owner: Adam Baugh, Withey Morris PLC / LM North LLC
Request: Zone Change with Overlay from Rural-43 to C-2 Commercial
Unit Plan of Development (CUPD)
Site Location: Generally located approx. 670’ north of the NWC of Cave
Creek Rd. and Lone Mountain Rd. in the Phoenix area
Site Size: Approx. 9.4 acres
Density: N/A
County Island Status: Yes (City of Phoenix)
Additional
Comments: There are no outstanding concerns from reviewing agencies.
The Commission voted to change the recommendation by
staff for the CUPD condition ‘d’ to limit the uses on the western
parcel (APN 211-35-007B) which are adjacent to residential
zoning and to eliminate the applicant requested reduction of
the rear setback requirements. Condition ‘g’ was also added
to limit building lighting adjacent to residential zoning districts.
These recommended changes are provided in leg-edit
below:
d. The following C-2 CUPD standards shall apply:
1. Minimum side yard setback: 10’ north/0’ to the
south
2. Minimum rear yard setback: 10’
3. 2. Parking: 9 spaces (7 standard, 2 ADA) for condo
storage development
4. 3. Screening: 8’ (h) solid wall along side and rear
property lines abutting rural and residential
zoning districts
4. The CUPD shall limit the use of the western
parcel (APN 211-35-007B) to self storage or
similar facility.
April 24, 2019
Z2018134
Page 1 of 3

g. There shall be no building mounted lighting on the
external side of any perimeter buildings adjacent to
residential zoning.
There are a total of eight opposition documents received
where two of these individuals have homes adjacent to the
north of the subject site and one of one these individuals is
located adjacent to the west of the subject site. There is one
support document received where this property owner has a
residence adjacent to the north of the subject site. At the
Commission hearing, two property owners located to the
north of the subject site spoke in opposition to the
development being adjacent to existing residential uses.
Commission
Recommendation: On 3/28/19, the Commission voted 8 – 0 to recommend
approval of Z2018134 subject to conditions ‘a’ – ‘g’:
a. Development of the site shall be in general conformance with the narrative report
entitled “Toy Barn North”, consisting of 15 pages including the zoning exhibit,
stamped received on February 12, 2019.
b. The following Maricopa County 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 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. The historic flows entering and exiting the property must be maintained.
3. The applicant must coordinate with the City of Phoenix to properly access
the site and for dedication of appropriate right-of-way.
c. The following Maricopa County Environmental Services (MCESD) conditions shall
apply:
1. Development and engineering design shall be in conformance with the
Maricopa County Stormwater Quality Management and Discharge Control
Regulation. The owner/developer shall prepare a Stormwater Site Plan and
obtain approval by MCESD prior to construction (a separate submittal to
MCESD is required).
2. Upon completion of construction, the owner shall fulfill MCESD post-
construction requirements. This will include appropriate operation and
maintenance requirements.
d. The following C-2 CUPD standards shall apply:
1. Minimum side yard setback: 10’ north/0’ to the south
April 24, 2019
Z2018134
Page 2 of 3

2. Parking: 9 spaces (7 standard, 2 ADA) for condo storage development
3. Screening: 8’ (h) solid wall along side and rear property lines abutting rural
and residential zoning districts
4. The CUPD shall limit the use of the western parcel (APN 211-35-007B) to self
storage or similar facility.
e. 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.
f. 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.
g. There shall be no building mounted lighting on the external side of any perimeter
buildings adjacent to residential zoning.
Presented by: Ray Banker, Planner
Reviewed by: Darren Gerard, AICP, Deputy Director
Attachment: 3/28/19 P&Z Packet (40 pages)
3/28/19 P&Z Handout (8 pages)
Note: 3/28/19 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
April 24, 2019
Z2018134
Page 3 of 3

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2018134 – Toy Barn North
Hearing Date: March 28, 2019
Supervisor District: 3
Applicant: Adam Baugh, Withey Morris PLC
Owner: LM North LLC
Request: Zone Change with Overlay from Rural-43 to C-2 Commercial Unit
Plan of Development (CUPD)
Site Location: Generally located approx. 670’ NE of the NWC of Cave Creek Rd.
and Lone Mountain Rd. in the Phoenix area.
Site Size: Approx. 9.4 acres
Density: N/A
County Island: Yes (City of Phoenix)
County Plan: Rural Development Area (0 – 1 d.u./ac.)
Municipal Plan: City of Phoenix – Large Lot (0 – 1 d.u./ac.)
Municipal Comments: None received
Support/Opposition: 5 documents of opposition received
Recommendation: Approve with conditions
Z2018134
Page 1 of 7

Project Summary:
1. The applicant, Withey Morris PLC is requesting approval of a zone change from Rural-43
to C-2 CUPD. The subject 9.4 acre site consists of two parcels: 211-35-007B (west parcel)
addressed at 31606 N. Cave Creek Rd. and 211-35-004A (east parcel) addressed at 31614
N. Cave Creek Rd. The applicant is proposing future “Toy Barn North” garage-condo
storage units on the west parcel (approximate 5.2 acres). The proposed operation would
include approximately 64 garage units with 85,000 sq. ft. of building space including a
clubhouse and condo units, surrounded by 8’ (h) solid wall with cross-access through the
eastern parcel with a driveway accessing Cave Creek Rd. The Maricopa County Zoning
Ordinance (MCZO) includes the proposed land use under C-2 zoning per Article 804.2.43:
“self-storage facilities.” Submittal of a Condo (Final) Plat would be subsequently
submitted for the Toy Barn development in lieu of a Plan of Development if this request is
approved.
2. The east parcel (approximate 4.2 acres) does not have a planned development. The
subject parcels currently have single-family housing and equestrian uses with possibly
unentitled commercial equine operations where past entitlement cases were never
approved. There is an open violation on the east parcel under V201900280 for the equine
operation and the applicant is currently working to remove the tenants from the property.
It should be noted that the applicant is considering the Toy Barn North development as
“phase 2” since they were already approved for the existing “phase 1” Toy Barn to the
south of the subject site. This zone change was approved under Z2016026 and has a
recorded plat. See aerial photo below for location details. It should be noted that there
is no plan at this time for the applicant/owner to combine the two subject parcels.
2018 Aerial Photo of Subject Site
Z2018134
Page 2 of 7

Conceptual Site Plan for Toy Barn North
3. As part of the CUPD overlay, the applicant is requesting deviations from the base C-2
zoning district standards. The following table details these requests.
REQUESTED DEVIATIONS FROM DEVELOPMENT STANDARDS
STANDARD C-2 ZONING DISTRICT STANDARD PROPOSED DEVIATION
Minimum Side Yard 10’ adjacent to rural or residential 10’ to the north (rural
Setback zoning districts; 3’ if a side yard is zoned), 0’ to the south
not otherwise provided (Article (commercial and rural
804.4.2) zoned)
Minimum Rear Yard 25’ adjacent to rural or residential 10’
Setback zoning district (Article 804.4.3)
Minimum Parking 1 space/900 sq. ft. for warehouse condo storage use: 9
use (95 spaces) spaces (7 standard, 2
ADA)
Screening adjacent 6’ (h) solid screen wall (Article 8’ (h) solid wall along side
to rural or residential 804.9.4.a) and rear property lines
zoning districts abutting rural and
residential zoning districts
Existing On-Site and Adjacent Zoning / Land Use:
4. On-site: Rural-43 / single-family residence and equine uses
North: Rural-43 / single-family residential
South: C-2, C-2 (City of Phoenix), and Rural-43 / Storage facilities and single-
family residence
East: S-1 (City of Phoenix) / Cave Creek Road then vacant
West: Rural-43 / Single-family residence
Z2018134
Page 3 of 7

Z2018134 Zoning Map
Utilities and Services:
5. Water: City of Phoenix
Wastewater: City of Phoenix
School District: Cave Creek Unified School District
Fire: Rural/Metro Fire Department
Police: Maricopa County Sheriff’s Office
Right-of-Way:
6. The following table includes existing half-width right-of-way (ROW) which is within the City
of Phoenix jurisdiction. Staff received an email from the City of Phoenix (attached) and
they will not require any additional ROW requirements at this time. Staff will include a
condition to coordinate with the City of Phoenix to access the site and to dedicate any
ROW if required.
Street Name Half-width Existing R/W Half-width Future R/W Future Classification
Cave Creek Rd. 55’ No change required at Principal Arterial
this time (City of Phoenix
jurisdiction)
Adopted Plans:
7. Vision 2030 Comprehensive Plan (adopted January 13, 2016): The subject site is
designated as Rural Development Area (0 – 1 d.u./ac.), the proposed land use (storage
Z2018134
Page 4 of 7

facility) and other allowed C-2 zoning land uses are not consistent with the land use
designation. However, the applicant has provided a section of the narrative report
discussing how the proposal furthers the goals and policies of the Comprehensive Plan.
8. City of Phoenix 2015 General Plan (adopted April 2018): The City of Phoenix 2015 General
Plan designates the site as a Large Lot (0 – 1 d.u./ac.) land use designation. This
designation is appropriate for lower density, larger size residential lots and related zoning
districts.
Public Participation Summary:
9. The applicant complied with the Maricopa County Public Participation Process with the
required posting of the property and notification by first class mail to the adjacent
property owners within 300’ of the subject site and interested parties. There have been 5
opposition documents received (attached) as of writing of this report. These were
incorrectly submitted as “Appeals to the Planning and Zoning Commission
Recommendation” but staff views them as opposition. They mention issues with traffic,
having too many storage facilities, and more commercial in the residential area.
10. The applicant provided a Citizen Participation Results Report (attached) received on
March 6, 2019 where they detailed the public participation process. It should be noted
that they have identified three of the opposing individuals as possible operators of the
equine businesses on the subject property. The owner of the property has since sent
cease and desist letters to stop the horse boarding and training activities on the site.
Outstanding Concerns from Reviewing Agencies:
11. N/A
Staff Analysis:
12. Staff is in support of the request for a Zone Change to C-2 CUPD. The subject site is located
adjacent to commercial land uses to the south with other existing storage facilities
including the Toy Barn Phase 1 development. There is no opposition from the City of
Phoenix regarding the request. Also, the opposition received does not reside in the area
of the subject property other than possibly the tenants of the subject site that have
opposed the request.
13. Regarding the proposed CUPD deviations, staff is also in support of these requests. The 8’
(h) screening along the side and rear of the site would be taller than the required 6’ (h)
required adjacent to rural or residential zoning districts. The 10’ rear yard setback and 0’
side yard setback is justified given the screening proposed. As mentioned within the
narrative report, the planned Toy Barn North would be approximately 58’ from the west
property line, which is adjacent to rural zoning and an existing residence. The 0’ to the
south would be justified for the undeveloped portion of the site (east parcel) since this
area is already adjacent to other C-2 zoning (City of Phoenix) where there is an existing
storage facility. The reduction in required parking is also justified given that many of the
customers for the storage units would park outside each unit or within the unit garages.
Z2018134
Page 5 of 7

2018 Google Street View of Subject Site
14. There are no outstanding concerns from reviewing agencies given that the site is served
by sewer and water by the City of Phoenix and Engineering has provided recommended
conditions if the site is to develop in the future. The City of Phoenix in their attached email
mentioned that they would want access to the site from the existing driveway and to
provide a cross-access easement for the two parcels. Also, there might be required
frontage improvements. This would be reviewed at the time of Plan of Development
(POD) or Condo Plat where the applicant would be required to work with the City of
Phoenix for ingress/egress to Cave Creek Rd.
Recommendation:
15. For the reasons outlined in this staff report, staff recommends the Commission motion for
approval with conditions ‘a’ – ‘f’, of Z2018134.
a. Development of the site shall be in general conformance with the narrative report
entitled “Toy Barn North”, consisting of 15 pages including the zoning exhibit,
stamped received on February 12, 2019.
b. The following Maricopa County 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 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. The historic flows entering and exiting the property must be maintained.
3. The applicant must coordinate with the City of Phoenix to properly access
the site and for dedication of appropriate right-of-way.
Z2018134
Page 6 of 7

c. The following Maricopa County Environmental Services (MCESD) conditions shall
apply:
1. Development and engineering design shall be in conformance with the
Maricopa County Stormwater Quality Management and Discharge Control
Regulation. The owner/developer shall prepare a Stormwater Site Plan and
obtain approval by MCESD prior to construction (a separate submittal to
MCESD is required).
2. Upon completion of construction, the owner shall fulfill MCESD post-
construction requirements. This will include appropriate operation and
maintenance requirements.
d. The following C-2 CUPD standards shall apply:
1. Minimum side yard setback: 10’ north/0’ to the south
2. Minimum rear yard setback: 10’
3. Parking: 9 spaces (7 standard, 2 ADA) for condo storage development
4. Screening: 8’ (h) solid wall along side and rear property lines abutting rural
and residential zoning districts
e. 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.
f. 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: Ray Banker, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Reduced Site Plan Exhibit (1 page)
Narrative Report with zoning exhibit (15 pages)
Engineering Memo (2 pages)
MCESD Memo (1 page)
MCSO Email (1 page)
City of Phoenix Email (2 pages)
Citizen Participation Results Report minus attachments (5 pages)
Opposition documents (5 pages)
Z2018134
Page 7 of 7

Toy Barn North
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Case Address: 31606 N Cave Creek Rd Parcels: 211-35-077B, 211-35-004A
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Wesley Development Company, LLC
N of NWC of Cave Creek & Lone Mountain
"Toy Barn North"
A Private Storage Condo Development
Z2018134
Initial Submittal December 2018
Resubmittal February 12, 2019
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Approximately 9.48 gross acres Prepared By:
Located north of the northwest corner of VVithey Morris PLC
Cave Creek and Lone Mountain Roads 2525 E Arizona Biltmore Circle
Phoenix, Arizona Suite A-212
APN: 211-35-007B and -004A Phoenix, Arizona 85016
RECEIVED FEB 1 2 2019

Table of Contents
SECTION TITLE PAGE No.
A. Property Location 3
B. Purpose of Request 4
C. Description of Proposal 4
D. Vision 2030 Comprehensive Plan Analysis 7
E Relationship to Surrounding Properties 8
F. Location and Accessibility 9
G. Circulation System 9
H. Development Schedule 9
I. Community Facilities and Services 9
J. Public Utilities and Services 9
K Conclusion 10

List of Exhibits
Tab
Aerial Map 11
Vicinity Map 12
Surrounding Uses Exhibit 13
Zoning Exhibit 14
11

Toy Barn North
Narrative Report
A request for a Rezone from RU-43 to C-2 CUPD to allow
Privately Owned Storage Condos
Approximately 9.48 gross acres located north of the
NWC Cave Creek and Lone Mountain Roads, Phoenix
A. Property Location
The subject property (the "Property") is a 9.48 gross acre parcel located west of the northwest corner of
Cave Creek and Lone Mountain Roads in unincorporated Maricopa County; the Property is identified as
APN 211-35-007B and -004A. See Page 11 — Aerial Map. The Property is approximately 710 feet north of
Lone Mountain Road. See Page 12 — Vicinity Map. The Property is surrounded by a mixture of County-
zoned residential and commercial property, including Toy Barn Phase 1 to the south and another self-
storage facility. This development will be Phase 2 of the existing Toy Barn located on the adjacent
property.
The Property is zoned RU-43 and is located near the intersection of two major arterials streets (Cave Creek
and Lone Mountain) as shown on the City of Phoenix Street Classification Map. The Property is
immediately adjacent to a commercial shopping center zoned C-2 to the south, which is within City of
Phoenix jurisdiction. The commercial shopping center includes retail uses, a gas station and convenience
store, an auto-repair retail store, and a self-storage warehouse development.
A vacant property owned by the City of Phoenix Water Services Department is directly north and is
intended to be a booster station and PRV facility. Further north are some parcels along Forest Pleasant
Place which are operating commercial uses. There are two separate dog training and boarding facilities
that range in size from 4.77 to 9.56 acres in size, which appear to have Special Use Permits issued by the
County. Additionally, other parcels including one of the residential properties to the north are operating
commercial vehicle and RV storage. See Page 13 —Surrounding Uses Exhibit.
On this subject property, in 1991, a Special Use Permit (Z91-14) and Variance (BA91-121) were requested
for the Property to permit the development of a miniature equine farm with existing structures that do not
meet Zoning Ordinance requirements. The requests were withdrawn before the County took action on the
applications. However, the structures referenced in that application still exist on site and appear to be used
for commercial horse boarding and training purposes by a tenant today. These uses have operated for
decades and long before the current owner acquired the Property. The applicant just recently acquired
ownership of the Property in January 2019 and since that time, the new owner has given notice to the
tenant that they must vacate the Property by the end of May 2019. This action will terminate the non-
conforming uses on the Property. Ownership intends to demolish the existing buildings on site after that
time.
The Property has a long and narrow configuration that limits potential development of the Property because
of its narrow frontage on Cave Creek Road. While there have been some recent zoning entitlements for
production-home subdivisions on Lone Mountain Road, the parcel shape and size are limiting factors that
Toy Barn North

prevent a platted residential use. Due to depth of the site, and the fact that it does not have any other
access, the only way to make residential development possible under its current zoning is to create a series
of flag lots which would not comply with the Subdivision Ordinance.
Further, the adjacent commercial development and proximity to the major arterial intersection also make
this site unlikely to develop under its current zoning. The limited access to the site, which is only from a
major arterial road with no access to residential streets, make the proposed commercial uses appropriate
for the site.
B. Purpose of Request
This request is to rezone the Property from Rural 43 to C-2 CUPD to allow development of a self-storage
facility (Toy Barn North) per the provisions of Maricopa County Zoning Ordinance §804.2.43. This vacant
parcel is contiguous on the south to a strip shopping center, a self-storage facility, and Toy Barn Phase 1.
The parcels to the west are used for large lot residential development. The parcel directly north is vacant
land owned by the City of Phoenix. Given the Property's location and unusual shape, it is unlikely to be
used for residential purposes. The proposed rezoning will allow a transition/buffer between the residential
uses to the west and the commercial uses along Cave Creek Road.
C. Description of Proposal
Wesley Development Company, LLC (the "Applicant"), proposes to develop privately owned condo
storage facility on the vacant Property. As detailed in the Plan of Development for the Property (see Page
14 — Zoning Exhibit), the Toy Barn North development will offer privately owned condominium storage
units to be sold as platted units. This will be a phase 2 extension of the Toy Barn development that was
rezoned and developed on the adjacent property to the south.
The condo storage units will be individually sold, platted air-spaced units, governed by recorded CC&Rs,
and professionally managed by a Commercial Owners' Association. Units will be indoor, climate controlled
and allow for personal and professional storage items as well vehicles, boats, hobby cars, and off-road
equipment, etc. Ownership units will have complete telecommunications utilities, including television,
telephone and internet connection capabilities. The project will also offer an owner's clubhouse within one
of the buildings.
To mitigate impacts to the residential to the west, the Applicant proposes an increased building setback of
58 feet whereas normally only 25 feet is required next to residential. To the south, the applicant owns the
Toy Barn Phase 1 and is agreeable to the 0-foot setback and allowing the capability of the building wall to
be on the south property line. No setback deviations are required. The only deviation is to allow the
southern units' building wall to serve in lieu of a perimeter wall,
All storage and operations will occur indoors. Hours of operation are generally between 6 am to 9 pm.
During business hours, only one or two employees are anticipated. Typically, 92 parking spaces (1/900 sf)
would be required if this were a normal industrial facility with employees, workspace, and manufacturing,
etc. However, because this is a low-scale, low-intensity storage use, the 9 proposed parking spaces are
more than sufficient to meet the realistic needs of the business including 2 accessible spaces for the
clubhouse. In addition, future owners of the storage condo units will be able to park directly inside, or in
front, of their specific unit, which will not impact the number of striped parking spaces.
4
Toy Barn North

There will be a lush landscaped setback provided along Cave Creek Road that will be at least 105 feet
measured from the centerline of the Cave Creek Road in front of the future commercial property. A
common access drive will serve both the future commercial area along Cave Creek Road as well as Toy
Barn North which is situated behind the future commercial parcel. Further, an 8-foot tall solid perimeter
wall will be built along portions of the perimeter property line as shown on the site plan except where
buildings are located along property lines.
The location of outdoor lighting is shown on the site plan and will comply with Article 11, Section 1112
Outdoor Lighting Control Provisions of the Maricopa County Zoning Ordinance.
This application is not for a Plan of Development but does include details about the proposed condo
storage development. Future applications will be submitted to the County under a Plan of Development or
Preliminary Plat for the condo storage use, and under a Plan of Development for commercial uses along
Cave Creek Road on the easternmost lot.
The following table further details the proposed development of the Property.
5
Toy Barn North

Commercial Unit Plan of Development
REGULATION BASE ZONING DISTRICT PROPOSED ZONING DISTRICT
REGULATIONS (C-2) REGULATIONS (C-2 CU PD)
Height 40 feet 40 feet
Minimum Front Yard 10 feet 10 feet
Minimum Side Yard 10 feet adjacent to rural or rural 10' to the north ( rural zoned), 0'
zoning district; 3 feet if a side to the south (commercial and
yard is not otherwise provided rural zoned) as shown on Zoning
Exhibit
Minimum Rear Yard 25 feet adjacent to rural or 10 feet
residential zoning district
Minimum Lot Area 6,000 square feet 6,000 square feet
Minimum Lot Width 60 feet 60'
Maximum Lot Coverage 60 percent 60 percent
Minimum Parking Spaces One space/900 square feet for Condo Storage use: 9 (7
warehouse use: 95 spaces standard, 2 accessible)
required
Screening 6' tall, solid wall required along 8' tall, solid wall required along
side and rear property lines side and rear property lines
abutting rural or residential zoning abutting rural or residential zoning
districts districts
6
Toy Barn North

D. Vision 2030 Comprehensive Plan Analysis
The proposal is consistent with the goals and policies of the Maricopa County Vision 2030 Comprehensive
Plan,
Land Use Goal #1: Achieve balanced and efficient development patterns.
The proposed project will place appropriate development between other commercial development and a
large city owned property that is intended for use by the Phoenix Water Services Department. Directly to
the north of the city owned land are two commercial facilities that provide dog training and boarding on
site. The lack of access to the rear of the Property limits the possible uses for the site. The low intensity
and quiet nature of the proposed condo storage use at the rear of the Property is compatible with
surrounding development. The proposed commercial development on the Property is consistent with the
adjacent commercial uses with direct access to Cave Creek Road. The proximity of and location of the
driveway entrances to the existing commercial uses would not be compatible with a residential
development on the site. The proposed use helps achieve balanced and efficient development at this
major roadway intersection.
Land Use Policy #7: Maricopa County supports coordinating land use and infrastructure planning
with state agencies, counties, and municipalities.
The Applicant has met with the City of Phoenix Water Services Department and is coordinating water and
sewer connections to the Property with the city. The city's commitment to provide these services to the
Property is consistent with this land use policy. Additionally, the applicant will make improvements to
Cave Creek Road that further improve the infrastructure for the regional area consistent with approved
plans and policies.
Land Use Policy #17: Maricopa County supports balanced land use patterns that include various
residential, retail, non-retail employment, and public and civic land uses.
As stated above, the proposed commercial development of the Property is appropriate and
complementary to the surrounding land use patterns and uses. The potential future commercial uses on
the easternmost parcel will provide retail or non-retail employment opportunities nearby and compatible
with residential uses. Furthermore, the quiet nature and lack of significant trips associated with the Toy
Barn use make it this highly compatible with the adjacent rural zoning, especially since much of the
adjacent rural zoning is already operating with commercial uses and functions.
Transportation Policy #9: Maricopa County supports balanced and efficient land use patterns that
reduce the number and length of vehicle trips.
The Cave Creek Road frontage of the Property could provide new employment opportunities and other
commercial services to the local community, thus reducing the number and length of trips that residents in
the area would travel for employment or services to areas farther away.
7
Toy Barn North

E. Relationship to Surrounding Properties
The Property is ideally located for the proposed private condo storage development given the surrounding
zoning and uses, and the existing Toy Barn Phase 1 that is already present next door. This proposal
should not have any detrimental impact on neighboring properties due to the compatibility with the
commercial zoning and self-storage facility next door. . Additionally, as detailed above, many of the
adjacent residential properties are operating commercial uses on site already. The site is accessed from
Cave Creek Road so there will be no commercial traffic spilling into the residential areas from the Property.
The use fits with the character of the surrounding properties, is quiet, low intensity, low lighting, secured
and monitored.
The Property is contiguous to a self-storage facility and a commercial strip center on the east, which are
zoned C-2 Special Permit for self-storage and standard C-2, respectively, in the city of Phoenix. Those
parcels wrap two additional lots that also have city C-2 zoning. The existing Toy Barn Phase 1 and self-
storage facility has been able to coexist here compatibly for years, and therefore, surely this facility can as
well.
The contiguous commercial center contains fitness facilities, a salon and a veterinary office/animal hospital.
The other commercial parcels, which front on Cave Creek Road, include a convenience
market/restaurant/gasoline station and an automobile supply store. The storage buildings will back up to
the contiguous commercial and self-storage uses and should have limited, if any, impacts on them. More
importantly, the Property is designated for residential land use on the Phoenix General Plan Land Use Map,
h. However, initial discussions with Phoenix Planning & Development staff regarding the project indicate
general support for the concept.
Because the adjacent and surrounding area is already zoned for commercial uses, this rezoning request
will have limited, if any, impact on the current or future surrounding land uses and zoning patterns. More
importantly, this type of use is one of the least intense commercial uses due to the low amount of traffic,
light, noise, and dust as compared to other commercial uses. As stated above, the customers and owners
tend to visit the facility on weekends. Thus, this use will have very minimal traffic and noise impacts unlike
traditional commercial uses that have business hours that extend from morning to night. Furthermore,
because this area is transitioning from residential to commercial and the surrounding properties are already
zoned for commercial uses, this rezoning application will not differ from the current land use trends and
zoning patterns.
The location of the development provides a convenient amenity to large residential communities like Tatum
Ranch and Dove Valley. Common throughout Tatum Ranch, Desert Ridge, and Dove Valley are medium
to small lots and multi-family residential units. Typically, these communities do not provide much more than
two car garages with very little room for additional secure storage. Additionally, many of these communities
have very strict CC&Rs that prohibit the outdoor storage of recreational vehicles, trailers, boats, etc. Thus,
this use will provide a much-needed service to the surrounding communities.
8
Toy Barn North

F. Location and Accessibility
The Property is located on the west side of Cave Creek Road. The Property has access only from Cave
Creek Road, which is currently 92 feet of paved surface within 110 feet of right-of-way. The access drive
will be 40 feet wide and will serve both the future commercial pads as well as Toy Barn North. The two
parcels will be re-platted to provide a private driveway along the south property line to serve Toy Barn
North with an access easement on a portion of the easternmost parcel, as shown in the Zoning Exhibit.
G. Circulation System (On and Off-Site)
As noted above, access to the Property is from Cave Creek Road. Given the nature of warehouse condos,
the project will have very minimal impact, if any, on the surrounding circulation system. On-site circulation
is an internal looped road, with gated access. Rural Metro Fire Department has reviewed the proposal and
does not require a secondary emergency access.
H. Development Schedule (Phasing)
The property will be construct in phases. Phase 1 will be the warehouse condos on the western portion.
Phase 2 will be the future commercial development along Cave Creek Road. The Applicant will install the
required retention, landscaping, and other site improvements upon construction of the first phase of the
Property.
I. Community Facilities and Services
Due to the nature of the proposed use, facilities such as parks, schools or libraries are not needed.
J. Public Utilities and Services
1. Water:
The City of Phoenix will provide water to the Property from water lines in Cave Creek Road,
2. Wastewater:
The City of Phoenix will provide wastewater service to the Property from wastewater lines in Cave
Creek Road.
3. Electrical:
Arizona Public Service will provide electricity to the Property.
4. Gas
Southwest Gas Corporation will provide natural gas service to the Property.
5. Refuse:
9
Toy Barn North

Refuse collection to the Property will be by a private service provider.
6. Phone:
Century Link/Cox Communications will provide telephone service to the Property.
7. Fire:
Rural Metro will provide fire protection to the Property.
8. Police:
Maricopa County Sherriff's Department will provide police protection to the Property.
K. Conclusion
This development represents a unique and innovative approach to recreational vehicle and storage and
provides a convenient amenity to area residents. More importantly, it preserves the high quality of life
without the impacts that generally accompany commercial uses. Because the intended use of this Property
is compatible with the surrounding land use patterns, this request will not alter acceptable land use patterns
to the detriment of the area. The proposed use and request are compatible and consistent with the
surrounding area.
10
Toy Barn North

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Maricopa County
Planning & Development Department
Date: 01/08/19
Jeri Loucks, P.E.C.F.M
Planning 8c Development
501 North 44th Street, Suite 200 Memo To: Darren Gerard, MCP, Deputy Director, Department of Planning &
Phoenix, Arizona 85008 Development
Phone: (602) 506-6332
Fax: (602) 506 -3282
www.maricopa.gov/planning Email address: Attn: Raymond Banker, Planner, Planning & Development Services
JeriLoucks0,mail.maricoaa.gov
From: Jeri Loucks, P.E.C.F.M., Plans Examiner Engineer, Planning &
Development Services
cc: Michael Norris, P.E., Drainage Engineering Manager, Planning &
Development
Subject: Z2018134 — Rezone from RU-43 to C-2 — Toy Barn North
(D1 Memo)
Job Site Address: 31614 N CAVE CREEK Rd, CAVE CREEK, AZ 85331
APN(s): 211-35-004A& 211-35-007B
Engineering plan review (DPR, FCD and PND Transportation) has reviewed the
revised Zone Change application routed 12/26/2018, and has no objections provided
the following stipulations/conditions are made part of any approval.
1 Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to 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. The historic flows entering and exiting the property must be maintained.
3. The applicant must coordinate with the City of Phoenix to properly access the site.
The applicant must coordinate with the City of Phoenix dedicate the appropriate
Right-of-Way.
4. 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 cunent engineering policies, standards and best practices at the time of
application for construction.
5. Engineering 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 Drainage Policies and Standards; Floodplain Regulations
for Maricopa County; and the MCDOT Roadway Design Manual.
Please contact me if you have any questions or require any additional information.

Maticopa County
Environmental Services Department
Water and Waste Management Division
Subdivision Infrastructure & DATE: January 4, 2019
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004 TO: Ray Banker, Planning & Development Dept.
Phone: (602) 506-1058 Planner
Fax: (602) 506-5813
TDD 602 506 6704
FROM: Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: Rezone 10Ac from RU-43 to C-2 CUPD. Z2018134
The Maricopa County Environmental Services Department (MCESD) has reviewed revised
documents received from the Maricopa County Planning and Development Department for the
above referenced project. This project is a request for rezone 9.7 Ac. fromRU-43 to C-2 CUPD
(APN# 211-35-007B/004A). According to the documents submitted, potable water is provided
by City of Phoenix and wastewater service is by City of Phoenix. MCESD will require ATC for
water and sewer applications if applicable.
Stormwater - The proposed project is located within the unincorporated urbanized area
regulated by the Maricopa County Stormwater Quality Program and may need a stormwater
approval and permit. Prior to preparing construction plans, the applicant will need to obtain
SWPPP approval. For further information, go to www.maricopa.gov/stormwater.
Based on the above, MCESD raised no objections to the Planning & Development
Department in Accela on January 4, 2019 and will allow the project to proceed at this time
subject to the following stipulations:
Stipulations:
The applicant must contact the MCESD Onsite Program (602-506-0372) for septic
system permit requirements.
Development and engineering design shall be in conformance with the Maricopa
County Stormwater Quality Management and Discharge Control Regulation. The
owner/developer shall prepare a Stormwater Site Plan and obtain approval by
MCESD prior to construction. (A separate submittal to MCESD is required.)
Upon completion of construction, the owner shall fulfill MCESD post-construction
requirements. This will include appropriate operation and maintenance
requirements.
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.

Ray Banker
Subject: RE: Z2018134 (Toy Barn North)
From: Ian Thompson (MCSO) <I_Thompson@MCSO.maricopa.gov>
Sent: Friday, January 18, 2019 2:22 PM
To: Ray Banker <RaymondBanker@mail.maricopa.gov>
Subject: FW: Z2018134 (Toy Barn North)
Hi Raymond: I looked through this and there are no concerns regarding the rezone application to allow the development
of self-storage units.
Thanks,
Ian J. Thompson
Division Commander
550 W. Jackson Street, Suite 135
Phoenix, AZ 85003
Office Number (602) 876-4701
Fax Number (602) 876-0050
I Thompson@MCSO.Maricopa.Gov
The information contained in this e-mail and any files transmitted with it are confidential and/or privileged, and are intended solely for the use of the recipients listed
above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the transmitted information is strictly
prohibited. If you received this transmission in error, please immediately notify the sender and delete and destroy all copies and attachments.
1

Ray Banker (PND)
To: Kaelee Wilson
Subject: RE: Z2018134 (Toy Barn North) Follow Up
From: Kaelee Wilson <kaelee.wilson@phoenix.gov>
Sent: Tuesday, March 12, 2019 8:58 AM
To: Ray Banker (PND) <Ray.Banker@Maricopa.Gov >
Subject: FW: Z2018134 (Toy Barn North) Follow Up
Good Morning Ray,
Please see the response below from our Streets Department.
Thanks,
K.aelte wilsovu
Village Planner
Desert View, North Gateway and Rio Vista
From: Matthew Wilson
Sent: Monday, March 11, 2019 2:32 PM
To: Kaelee Wilson <kaelee.wilson@phoenix.gov>
Subject: RE: Z2018134 (Toy Barn North) Follow Up
Is that an adopted plan? I see the adjacent property setbacks, so it's been working so far.
The landscape preservation is not dedicated right-of-way (thankfully) so that's something you'll need to relay to MC. For
the R/W, the dedication of 55' for the west half street is already dedicated. No comment from Streets on the R/W or
setback.
While the original site plan shows an internal connection to the existing driveway, I request that be included in the
stipulations: site access to be provided from the existing driveway. Further, because they are crossing a parcel boundary
for their access, they should document the cross-access easement. Depending on how MC processes zoning and site
plans, the driveway construction could present a challenge. At Phoenix, this would draw their site plan boundary further
north and we'd require the frontage improvements along that limit.
It appears reasonable in this case to require the frontage improvements up to the limit of the driveway, since they will
also need to install an actual driveway. This would include sidewalk up to that driveway. At that point, it likely becomes
economical for them to do the full property frontage but I'm not sure that we can require it at this time.
Cave Creek is on our street class map as a Scenic B, which is not a specified section. Normally, a 'B' has a 65' half street;
this likely relies on the preservation setback, but it should probably be listed as a special section.
Let me know if you'd like me to formalize this into a response memo. I would like some discussion on the frontage
extents before I send that over though. You're welcome to forward this to Ray.
Matt Wilson
602-262-7580
1

From: Kaelee Wilson
Sent: Monday, March 11, 2019 1:33 PM
To: Matthew Wilson <matthew.wilson@phoenix.gov >
Subject: RE: Z2018134 (Toy Barn North) Follow Up
Matt,
The Cave Creek Road guidelines are conveniently hidden in the Peripheral Areas C and D plan. Here is the cross section:
ek Present;
RE I, ED SCE ii
Here is a link to the plan: https://www.phoenix.govivillagessite/Documents/pdd pz pdf 00083.pdf
Thanks,
KAcietee Vsov
Village Planner
Desert View, North Gateway and Rio Vista
2

Toy Barn North
Citizen Participation Report- Rezone
Z2018134
Subject Property:
Approximately 9.48 gross acres
Located north of NWC Cave Creek and Lone Mountain Roads
Phoenix, Arizona
APN: 211-35-007B, -004A
Prepared By:
Withey Morris PLC
2525 E Arizona Biltmore Circle
Suite A-212
Phoenix, Arizona 85016
RECEIVED MAR 0 6 2319

Cave Creek and Lone Mountain Storage
Citizen Participation Plan - Rezone
The following Citizen Participation Report provides the results of the implementation of the Citizen
Participation Plan for the request to rezone approximately 9.48 acres located north of the northwest corner
of Cave Creek and Lone Mountain Roads, in Maricopa County (APN: 211-35-007B and -004A) to permit
the development of a self-storage facility and other commercial uses (the "Property").
The Property is approximately 710 feet north of Lone Mountain Road. See Tab 1 — Vicinity Map. The
Property is surrounded by a mixture of County-zoned residential and commercial property. The community
involvement area consists of the surrounding property owners within 300 feet of the Property as shown on
map at Tab 2.
A. Implementation of the Citizen Participation Plan
On January 15, 2019, first class letters were mailed to property owners within 300 feet of the property as
well as any identified "Interested Parties" as provided by the County. The notification letters described the
application and invited the recipient to contact the applicant with questions regarding the project. The letter
also included contact information for the applicant.
Two signs were posted on the Property on January 18, 2019 to meet the County's requirements for sign
posting within 30 days of application. An affidavit was submitted to the County on January 18, 2019 with
exhibits noting the location of signs and photographs of the signs. See mailing list, mailing and sign posting
affidavits, first class letter and exhibits attached at Tab 3.
The applicant met with five neighbors who lived nearby and adjacent to the project. There were three
development team members present to explain the proposed development and answer questions. The
meetings were held at Toy Barn South (4504 E. Lone Mountain Road, Cave Creek, AZ 85331). Four of the
attendees were very supportive after touring the existing facility. The attendees were interested to learn
about the proposed rezoning and plans for the property, including design, operations, uses, and process. A
fifth attendee has questions about view, lights, landscaping, and the wash that runs across the property.
The applicant agreed to not remove lights from the northern building walls and to plant trees within the
landscape setback where practical given the existing wash location.
Additionally, mailing labels and postage stamps were provided to the County on March 3, 2019 for the
hearing notification post cards mailed to interested parties by the County. The applicant also updated the
signs posted on site to include the public hearing dates, and submitted an affidavit on March 3, 2019 with
exhibits noting the location of signs and photographs of the signs. See sign posting affidavit attached at
Tab 4.
No additional contact has been made to our office by residents or other interested parties.
Opposition Correspondence
The County shared an inquiry received by Staff on January 30, 2019 from Christy Snyder Kelly, Nick Kelly,
and Erica Owen who indicated they were not in support of the request. We contacted Christy Snyder Kelly
and offered to meet with her to discuss the proposal but she was not willing to meet.

Further research shows Neither Ms. Snyder, her husband Mr. Kelly, nor Ms. Owen live nearby the
facility. The applicant has since learned that Christy Snyder Kelly and Erica Owen operate a horse training
and boarding facility on the Property which is not permitted under the current zoning. Evidence of Ms.
Snyder's business (dba Hold Your Horses, Inc.) on the Property is available on YouTube, Facebook,
LinkedIn and Google. See Tab 5.
Additional online research shows Erica Owen (dba Owen Performance Horses) also operates a horse
training and boarding facility on the Property. Evidence of Ms. Owen's business on the Property is
available on her website and Facebook page. See Tab 6.
Presumably, Ms. Snyder, her husband Nick Kelly, and Ms. Owen submitted the petitions to stop the
pending request because it would interfere with their ongoing horse business operations. Because the
horse operations are not permitted under the current zoning, the owner sent a cease and desist letter to
stop all illegal commercial horse boarding activities. See Tab 7.
B. Parties Affected by Application
The following parcels are located within 300' of the Property and may be affected by the application.
Owner Mailing Address
PHOENIX CITY OF 251 W WASHINGTON ST 8TH FL PHOENIX AZ 85003
LDR PACIFIC-LONE MT L L C 1110 E MISSOURI AVE STE 700 PHOENIX AZ 85014
HARCO PROPERTIES LLC 4207 E PALO VERDE DR PHOENIX AZ 85018
CSK AUTO INC (IMPS) LEASE P 0 BOX 9167 SPRINGFIELD MO 65801
SLATE JOHN R/MCCONNACHIE KAREN A 4515 E FOREST PLEASANT PL CAVE CREEK AZ 85331
FISHPAW JEROME T/J0 ANN C TR 15 DEL MONTE AVE LOS ALTOS CA 94022
SUDDER ALAN 4535 E FOREST PLEASANT PL CAVE CREEK AZ 85331
CRITCHER KATHY M 4545 E FOREST PLEASANT PL CAVE CREEK AZ 85331
WHITE RUPERT B TR ONE CANAL PLAZA PORTLAND MN 04112
RICHARDSON HERBERT A 4431 E FOREST PLEASANT PL CAVE CREEK AZ 85331
REGINA TRUST PO BOX 72119 PHOENIX AZ 85050
MSCI 2007-IQ14 EAST LONE MOUNTAIN ROAD 1601 WASHINGTON AVE SUITE 700 MIAMI BEACH FL
LLC 33139
BLUMENFELD TERRY/STEVEN 2 PRADO SECOYA ST ATHERTON CA 94027-4126
ENCLAVE AT LONE MOUNATAIN HOMEOWNERS
ASSOCIAT 20410 N 19TH AVE STE 100 PHOENIX AZ 85027
JA MACH3 LLC 19831 N TIMBERWOOD ST WICHITA KS 67206
ROHLFS ELIZABETH/MARDIS TERRY 5629 E WINDSTONE TRL CAVE CREEK AZ 85331
BROWN FAMILY LIVING TRUST 1731 W SIENNA BOUQUET PL PHOENIX AZ 85085
RICHARD SHEINER TRUST 1149 E DESERT HOLLY DR SCOTTSDALE AZ 85255
LEHR STUART K 11702 E BUCKSKIN TRL SCOTTSDALE AZ 85255
LONE MOUNTAIN PARTNERS LLC 8585 E HARTFORD DR SUITE 116 SCOTTSDALE AZ 85255
BUDDE REVOCABLE TRUST 27647 N 70TH WAY SCOTTSDALE AZ 85266
WILLIAMS DAN/SIMPSON ROBERT 27726 N GRANITE MTN RD RIO VERDE AZ 85263
BRIAN W LANG TRUST 42240 N 113TH WY SCOTTSDALE AZ 85262
WICKS TRAVIS/SUMMER 30415 54TH ST CAVE CREEK AZ 85331
FASTCO PROPERTIES LLC 48430 MEADOW CT PLYMOUTH MI 48170

GOOD FAMILY LIVING TRUST 5230 E PEROLA DR CAVE CREEK AZ 85331
MICHAEL J JOHNSON AND KATHY J JOHNSON 34522 N SCOTTSDALE RD SUITE 120-633 SCOTTSDALE
JOINT REVOCABLE TRUST AZ 85266-1258
STRAHOTA RICHARD L/CARROLL PATRICIA 8400 E DIXILETA DR NO 110 SCOTTSDALE AZ 85266
JOHN D VVYMORE REVOCABLE TRUST 9943 E CHUCKWAGON LN SCOTTSDALE AZ 85262
KCH PROPERTIES LLC 4503 E SIERRA SUNSET TRL CAVE CREEK AZ 85331
BAKKER JOHN/MARGARET 5621 E JUNIPER CANYON DR CAVE CREEK AZ 85331
A KRAVITZ AND ASSOCIATES LLC 31818 N 16TH AVE PHOENIX AZ 85085
J-BIRD CLASSICS LLC 21688 N 81ST ST SCOTTSDALE AZ 85255
STEVEN WAND OY SHULER FAMILY TRUST 5849 E REDBIRD RD SCOTTSDALE AZ 85266
SATTLER JUERGEN/MARGIT 7110 E TERRACE ESTATE CIR CAREFREE AZ 85377
KAEBISCH KENNETH/TAYLOR-KAEBISCH • 34522 N SCOTTSDALE RD SUITE 120-627 SCOTTSDALE
GWENDOLYN AZ 85266 .
9820 E THOMPSON PEAK PKWY UNIT 731 SCOTTSDALE
ROBERT V VOIT TRUST AZ 85255
PARRISH LANCE/KAREN PO BOX 71760 FAIRBANKS AK 99707
GALVIN JON 1791 BIG BEAR DR SEDALIA CO 80135
CHANGEFORCE LONE MOUNTAIN LLC 24648 N 111TH ST SCOTTSDALE AZ 85255
NEWMARKET PROPERTIES LLC 2540 W COYOTE CREEK DR ANTHEM AZ 85086-2351
WARNER GREGORY J/ELLEN J PO BOX 5903 CAREFREE AZ 85377
The following homeowners associations are located within 300' of the Property and may be affected by the
application.
City of Phoenix Foothills Focus Dove Valley Coalition
Planning & Development Department 46641 N Black Canyon Hwy, # 1 PO Box 4169
200 W. Washington St, 3rd Floor New River, AZ 85087 Cave Creek AZ 85327-4169
Phoenix, AZ 85003
Diamond and Creek Community Anthem Community CoUncil Maricopa Association of Governments
Wade Tinant Tony Smith Scott Wilken
4614 E. Running Deer Trail 3701 W. Anthem Way Ste. 102 302 North 1st Avenue, Suite 300
Cave Creek, AZ 85331 Anthem, AZ 85086 Phoenix, Arizona 85003
New River/Desert Hills Community District 3 Advisory Committee District 3 Advisory Committee
Association, Inc. Valerie Watters Sarah Vannucci
Darren Forstie P 0 Box 4402 5115 E. Zenith
PO Box 75068 Cave Creek, AZ 85327 Cave Creek, AZ 85331
New River, AZ 85087
New River/Desert Hills Community District 3 Advisory Committee District 3 Advisory Committee
Association, Inc. Whit Grail Sean Bodkin
Ed Taylor PO Box 4402 29811 N. Tatum Blvd.
PO Box 75068 Cave Creek, AZ 85327 Cave Creek, AZ 85331
New River, AZ 85087
Maricopa Association of Governments New River/Desert Hills Community New River/Desert Hills Community Association,
Vern ,Wolfley Association, Inc. Inc.
302 North 1st Avenue, Suite 300 George Everland Allan Muller
Phoenix, Arizona 85003 PO Box 75068 • PO Box 75068
New River, AZ 85087 New River, AZ 85087

New River/Desert Hills Community Anthem Community Council
Association, Inc. Doug Greenstein
Ann Hutchinson 3701 W. Anthem Way Ste. 102
PO Box 75068 Anthem, AZ 85086
New River, AZ 85087

Ray Banker
Subject: RE: Online Form Submittal: Appeal of Planning and Zoning Commission
Recommendation
From: noreply@civicplus.com <noreply@civicplus.com >
Sent: Wednesday, February 13, 2019 4:53 PM
To: PZAppeal <PZAppeal@mail.rnaricopa.gov >
Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation
Appeal of Planning and Zoning Commission Recommendation
Appeal Form
If the Planning & Zoning Commission recommends approval of a particular case it
will be placed on a consent agenda for the Board of Supervisors hearing. However,
if this appeal form is received within 15 calendar days following Commission
hearing, then the agenda item will be placed on the regular agenda for the Board of
Supervisors hearing.
Name Mark Gohlke
Email Address markgohlkegmail.com
Address 33824 N Pate PI
City Cave Creek
State AZ
Zip Code 85331
Phone Number 7038538412
Fax Number Field not completed.
Case Number / Project Z2015134
Name
Planning & Zoning Tbd
Commission Hearing
Date
Reason for the Appeal of Residents wish to stop the ex pop soon of storage units in this
the Subject Case area. We have multiple unit going up that are un sightly and we
didn't take up residence here to be surrounded with storage
facilities that belting more traffic and problems.
Electronic Signature I agree.
Agreement

Ray Banker
Subject: RE: Online Form Submittal: Appeal of Planning and Zoning Commission
Recommendation
From: noreply@civicplus.com <noreply@civicplus.com >
Sent: Wednesday, February 13, 2019 7:14 PM
To: PZAppeal <PZAppeal@mail.maricopa.gov>
Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation
Appeal of Planning and Zoning Commission Recommendation
Appeal Form
If the Planning & Zoning Commission recommends approval of a particular case it
will be placed on a consent agenda for the Board of Supervisors hearing. However,
if this appeal form is received within 15 calendar days following Commission
hearing, then the agenda item will be placed on the regular agenda for the Board of
Supervisors hearing.
Name Avishkar Madar
Email Address Amadar(a,gmail.com
Address Field not completed.
City Field not completed.
State Field not completed.
Zip Code Field not completed.
Phone Number 4803638102
Fax Number Field not completed.
Case Number / Project Z2018134
Name
Planning & Zoning TBD
Commission Hearing
Date
Reason for the Appeal of We do not need more storage units in this area. We already
the Subject Case have several as well as a new one coming on Cave Creek rd
and Carefree hwy. Stop destroying more nature for commercial
purposes when we have plenty of vacant commercial plots that
could be renovated/repurposed instead.
Electronic Signature I agree.
Agreement

Ray Banker
Subject: RE: Online Form Submittal: Appeal of Planning and Zoning Commission
Recommendation
From: noreply@civicplus.com <noreply@civicblus.com >
Sent: Friday, January 25, 2019 11:06 AM
To: PZAppeal <PZAppeal@mail.maricopa.gov >
Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation
Appeal of Planning and Zoning Commission Recommendation
Appeal Form
If the Planning & Zoning Commission recommends approval of a particular case it
will be placed on a consent agenda for the Board of Supervisors hearing. However,
if this appeal form is received within 15 calendar days following Commission
hearing, then the agenda item will be placed on the regular agenda for the Board of
Supervisors hearing.
Name Nick kelly
Email Address kellyboysx2(a,gmail.com
Address 4319 e Montgomery rd
City Cave creek
_
State Az
Zip Code 85331
Phone Number 6022063360
Fax Number Field not completed.
Case Number / Project Toy barn rezon 31614 n cave creek rd
Name
Planning & Zoning Tba
Commission Hearing
Date
Reason for the Appeal of No one wants this rezoned
the Subject Case
Electronic Signature I agree.
Agreement
Electronic Signature Nick kelly

Ray Banker
Subject: RE: Online Form Submittal: Appeal of Planning and Zoning Commission
Recommendation
From: noreply@civicplus.com <noreplv@civicplus.conn>
Sent: Friday, January 25, 2019 11:04 AM
To: PZAppeal <PZAppeal@nnail.maricopa.gov>
Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation
Appeal of Planning and Zoning Commission Recommendation
Appeal Form
If the Planning & Zoning Commission recommends approval of a particular case it
will be placed on a consent agenda for the Board of Supervisors hearing. However,
if this appeal form is received within 15 calendar days following Commission
hearing, then the agenda item will be placed on the regular agenda for the Board of
Supervisors hearing.
Name Erica Owen
Email Address ericamowen88gmail.com
Address 31614N Cave Creek Rd
City Cave Creek
State AZ
Zip Code 85331
Phone Number 8595569388
Fax Number Field not completed.
Case Number / Project Put down toy barn
Name
Planning & Zoning Tba
Commission Hearing
Date
Reason for the Appeal of Rezoning for toy barn. I would like to it stay as is.
the Subject Case
Electronic Signature I agree.
Agreement
Electronic Signature Erica M. Owe

Ray Banker
Subject: RE: Online Form Submittal: Appeal of Planning and Zoning Commission
Recommendation
From: noreply@civicplus.com <noreplyPcivicplus.com >
Sent: Friday, January 25, 2019 10:58 AM
To: PZAppeal <PZAppeal@nnail.maricopa.gov>
Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation
Appeal of Planning and Zoning Commission Recommendation
Appeal Form
If the Planning & Zoning Commission recommends approval of a particular case it
will be placed on a consent agenda for the Board of Supervisors hearing. However,
if this appeal form is received within 15 calendar days following Commission
hearing, then the agenda item will be placed on the regular agenda for the Board of
Supervisors hearing.
Name Christy L Snyder - Kelly
Email Address christvs124gmail.com
Address 4319 e Montgomery rd
City Cave creek
......_ _
State Az
Zip Code 85331
Phone Number 6026166570
Fax Number Field not completed.
Case Number / Project Toy barn re zone 31614 n cave creek rd
Name
Planning & Zoning Tba
Commission Hearing
Date
Reason for the Appeal of Neighbors are not happy with a storage unit of this size going
the Subject Case in
Electronic Signature I agree.
Agreement
Electronic Signature Christy snyder

Planning & Development
Department
DATE: March 28, 2019
TO: Planning and Zoning Commission
FROM: Ray Banker, Planner
SUBJECT: Z2018134 - Toy Barn - Agenda item 5
Attached are three additional opposition documents and one support document to
case Z2018134 received after the writing of the staff report. The three opposed includes
two individuals adjacent to the north of the subject site and one individual adjacent to
the west of the subject site. This brings the total received opposition to eight individuals.
The supporter is also located adjacent to the north of the subject site.
Attachment: Support document (1 page)
Opposition documents (6 pages)
502 N. 44th Street, Suite 200 • Phoenix, AZ 85008 • (602) 506-2364 • (602) 506-3711 fax
>Internet: www.maricopa.gov/planning

March 23, 2019
Ray Banker
Maricopa County Planning and Development Department
501 N. 44th Street
Phoenix, AZ 85008
Re: Toy Barn Development Z2018134
Dear Ray:
I am writing to express my support for the Toy Barn development proposed at Cave Creek Road. I
live in the property directly abutting this site to the north at 4515 E. Forest Pleasant PI, Cave Creek, AZ 85331.
I met with the developer and toured their existing facility on Lone Mountain Road. The developer
answered my questions and addressed our concerns with regard to lighting and landscaping. We are thankful for
their involvement and support the development as proposed.
Sincerely,

From: Kathy Critcher <kathycritcher3@gmail.com >
Sent: Monday, March 25, 2019 8:33 PM
To: Ray Banker (PND)
Subject: Case #Z2018134-Toy Barn North
Attachments: IMG_3759jpg
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Case #Z2018134-Toy Barn North
To: Planning and zoning commission
I am contacting you to oppose the zone change of the property directly south of my home and property, parcel
number 211-35-007 at 4545 E. Forest Pleasant Pl., Cave Creek, AZ 85331.
I completely oppose the zone change from rural to commercial on the 9.4 acre site behind my property.
This rezoning would directly affect quality of life in our rural community.

My reasoning for opposing this zoning changes is to preserve the peacefulness of the homes and community,
the rural atmosphere and lifestyle that we have always had, our dark skies and to prevent increased traffic in our
quiet neighborhood.
This proposed rezoning and project has a direct impact due to the fact that the buildings would be less than
100 feet from my home and 20 feet from property and where my horses are kept.
Please consider my request to have this zone change denied so that we continue to have the quality of life
and peaceful living for myself, my children, my animals and our community and rural neighborhood.
Thank you,
Kathy Critcher
3


Ray Banker (PND)
From: herbshoes@aol.com
Sent: Wednesday, March 27, 2019 3:53 PM
To: Ray Banker (PND)
Subject: case #:z2018134-Toy Barn North
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Mr. Banker, my name is Herbert Richardson. I own and live at 4431 E. Forest Pleasant Place, Cave Creek AZ
85331. The Parcel ID is 211-35-009E. The proposed Toy Barn North property is immediately east of my property. I want
to go on record as being opposed to this development of that property. This is my home, and I believe that this project will
adversely affect the quiet, rural residential nature of this neighborhood and hurt property values. Herbert Richardson
1

Ray Banker (PND)
From: Tamara Daine <tsdaine@yahoo.com >
Sent: Wednesday, March 27, 2019 4:40 PM
To: Ray Banker (PND)
Subject: Alan Sudder Re:Planning and Zoning
Follow Up Flag: Follow up
Flag Status: Flagged
To whom it may concern, When I purchased my home and property many years ago I did so with the intent of a
beautiful, peaceful and quite surrounding for my remaining senior years. I worked so hard throughout my life
and fought for this country and so looked forward to the magnificence and serenity of the gorgeous
desert. Then I find out that my dream may be shattered by an impending ruling by the court to destroy whats
left of this treasured desert so developers can benefit from the land that I look at as close to heaven as I can live
within. Please dont allow this to happen. Preserve what little sanctuary of our indescribable, beautiful,
treasured desert we have left. Thank you, Alan Sudder. 4535 E. Forest Pleasant Place Cave Creek As 85331.
480-216-1046
Sent from Yahoo Mail on Android
1