Z2023052 BOS REPORT_PART1.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: February 7, 2024
Case #/Title: Z2023052 – Desert Foothills Gardens Nursery
Supervisor District: 3
Applicant/Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Scenic
Foothills, LLC
Request: Zone Change with Overlay from Rural-43 to C-2 CUPD
Site Location: Generally located at the NWC of Cave Creek Road and Westland
Road in the north Phoenix / Cave Creek area
Site Size: Approximately 5.27 acres
County Island Status: Yes (City of Phoenix)
Additional
Comments: There are no outstanding concerns from reviewing agencies. The
applicant is requesting a zone change with overlay from Rural-43 to
C-2 CUPD for the Desert Foothills Gardens Nursery. The existing
retail nursery was previously entitled with a Special Use Permit
(Z93-43, amended per Z2002024) that expired in 2022.The site is
approximately 5.27 acres and is generally located at the northwest
corner of Cave Creek Road and Westland Road in the North Phoenix
/ Cave Creek area.
The Vision 2030 Maricopa County Comprehensive Plan designates
the site as “Rural Development Area (0 – 1 d.u./ac).” The site is
located on a county island within the Phoenix Municipal Planning
Area. The Phoenix General Plan designates the site as “Large Lot (0
– 2 d.u./ac),” which “provides for very low density residential uses
to protect and preserve low density areas in their present or desired
character.”
The City of Phoenix did not comment on the request. Staff did
receive comments from the Town of Cave Creek, in which the town
recommended conditions prohibiting static and digital billboards;
restricting the height, area, and illumination of signage; and
requiring that any future consideration of a WCF be subject to an
SUP. Staff notes that the conditions of approval recommended by
the Commission would prohibit digital or illuminated billboards, as
well as billboard embellishments and WCFs. The conditions would
February 7, 2024
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also restrict the height of all structures (including billboards) onsite
to 28’. The uses allowed onsite with the CUPD would be limited only
to the existing retail nursery and a static, non-illuminated billboard.
At the time of the Commission hearing, staff had received one letter
of support and 42 letters of opposition to the request. However, the
opposition received from within a 300’ radius of the subject site
accounts for two property owners with an area of 26,635 square
feet. An opposition map is attached. Because less than 20% of
parcel acreage and fewer than 20% of parcel numbers within the
300’ buffer have registered opposition to the case, a supermajority
vote will not be required.
The calculations for Desert Foothills Gardens Nursery are as
follows:
4% opposed parcel acreage within 300’ buffer
9% opposed parcel numbers within 300’ buffer
Commission
Recommendation: On 1/11/23, the Commission voted 8-0 to adopt a motion
recommending the Board of Supervisors approve Z2023052
subject to conditions ‘a’ – ‘j’:
a. Development of the site shall be in substantial conformance with the zoning exhibit
entitled “Zoning Exhibit for Desert Foothills Gardens Nursery,” consisting of one full-size
sheets, dated October 20, 2023, and stamped received October 20, 2023, except as
modified by the following conditions. A revised zoning exhibit shall be submitted within
30 days of Board approval that reflects substantial conformance with condition ‘d’ as it
pertains to the revised C-2 CUPD standards and condition ‘f’ as it pertains to design
conditions. Staff may determine slight refinements to remain in substantial conformance
with the approved site plan. Minor and major amendments to the site plan will be
determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the narrative report
entitled “Rezone with Overlay Narrative for Desert Foothills Gardens Nursery”, consisting
of seven pages, dated December 2023, and stamped received December 19, 2023, except
as modified by the following conditions. A revised narrative shall be submitted within 30
days of Board approval that reflects substantial conformance with condition ‘d’ as it
pertains to the revised C-2 CUPD standards and condition ‘f’ as it pertains to design
conditions.
c. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed
buildings, 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 (i.e., POD).
2. Unless abandoned, no improvements that would inhibit access is permitted within
existing Patent Easements within or surrounding the site.
February 7, 2024
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3. Dedication of right-of-way across the site’s Westland Road frontage is required to
provide a half-width of 40 feet measured from the mid-section line. The dedication
shall occur within 6 months of BOS approval or prior to the issuance of any building
permit(s) for the site, whichever occurs first.
4. Cave Creek Road and N. 52nd Street are within the jurisdiction of the Town of Cave
Creek. The applicant will be responsible for coordinating with the Town to review
any traffic impact, right-of-way dedication, permitting or roadway improvement
requirements needed to provide suitable access to the site.
5. Engineering review of planning and/or zoning cases is for conceptual design only.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
d. The following C-2 CUPD standards shall apply:
1. Allowed uses shall be limited to:
a. Nurseries (flower and plant sales) provided all incidental equipment and
supplies are kept within a completely enclosed building or within an area
enclosed on all sides by a solid fence or wall at least six feet in height. No
artificial goods, materials, or objects displayed or stored outdoors may be
stacked higher than the fence or wall erected. Natural plants displayed,
stored, and sold onsite as part of the nursery’s inventory may exceed the
height of screening.
b. Accessory buildings and uses customarily incidental to the above.
c. One static, non-illuminated billboard
2. Maximum building/structure/billboard height: 28’
3. Maximum height of exterior lighting: 10’ (six feet within west side setback)
4. Minimum number of parking spaces: one space per 1,250 square feet of retail
commercial floor area
5. Surfacing for parking and onsite circulation of plant nurseries and ancillary uses:
stabilized decomposed granite except as required for ADA spaces
6. All portions of the perimeter adjacent to residential zoning shall be screened by a
fence or wall at least six feet in height.
e. 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.
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f. The following design conditions shall apply:
1. Wireless communication facilities (WCFs), digital billboards, illuminated
billboards, and billboard embellishments shall be prohibited.
2. Adjacent to residential uses, all improvements except for landscaping, utilities, and
approved pathways shall be located outside the building setbacks.
3. A landscape buffer shall be included within the building setback parallel to 52nd
Street.
4. Display or storage of any equipment and supplies incidental to the nursery shall be
prohibited within the building setback parallel to 52nd Street.
5. Parking and loading areas shall be prohibited within the building setback parallel
to 52nd Street.
6. Vehicle access shall be prohibited along 52nd Street.
7. Screening along the Cave Creek Road frontage shall consist of a combination
wrought-iron fence and/or adobe wall at least six feet in height. The fence/wall
shall be located outside the ultimate right-of-way and any sight visibility triangles.
Live landscaping shall be provided on the external side of the fence/wall to help
soften its appearance.
8. There shall be a landscape setback within all territory outside right-of-way as
measured within 105’ of the centerline of Cave Creek Road. Within this landscaped
setback, there shall be no buildings / structures, including billboards or fences /
walls.
g. Administrative approval of a plan of development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
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 owners and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
j. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
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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: Nick Schlimm, Planner
Reviewed by: Darren Gérard, AICP, Planning Manager
Attachments: 1/11/24 P&Z Packet (50 pages)
1/11/24 P&Z Handout (22 pages)
1/16/24 Opposition Map (1 page)
Note: 1/11/24 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
February 7, 2024
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Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2023052 – Desert Foothills Gardens Nursery
Hearing Date: January 11, 2024
Supervisor District: 3
Applicant: Jessica Sarkissian, Upfront Planning & Entitlements, LLC
Owner: Scenic Foothills, LLC
Request: Zone Change with Overlay from Rural-43 to C-2 CUPD
Site Location: Generally located at the NWC of Cave Creek Road and Westland Road in
the north Phoenix / Cave Creek area
Site Size: Approx. 5.27 acres
Density: N/A
County Island: Yes (City of Phoenix)
County Plan: Maricopa County Vision 2030 Comprehensive Plan – Rural Development
Area (0 – 1 d.u./ac)
Municipal Plan: City of Phoenix – 0 to 2 du/ac – Large Lot
Municipal Comments: Town of Cave Creek (2)
Support/Opposition: 1 in support / 16 in opposition (18 letters representing 16 people)
Recommendation: Approve with conditions
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Project Summary:
1. The applicant, Jessica Sarkissian of Upfront Planning, is requesting a zone change from Rural-43
to C-2 CUPD to accommodate an existing retail plant nursery at the northwest corner of Cave
Creek Road and Westland Road. The subject property, parcel 211-46-032B, has been the location
of a wholesale plant nursery since the 1980s. Wholesale plant nurseries are allowed by right in
the Rural-43 zoning district, whereas retail plant nurseries require at least intermediate
commercial zoning or a special use permit (SUP). An SUP had been approved for a retail nursery
onsite in 1994, per case Z93-43, and was subsequently amended in 2002, per case Z2002024.
This SUP expired in 2022, twenty years after approval of the major amendment. The retail nursery
has since been operating onsite without entitlement. A request for a new SUP had been submitted
by the property owner that year, per case Z2022107. However, in 2023, the property owner signed
onto this zone change request and the SUP request was withdrawn. Approval of this zone change
would restore entitlement to the property for the retail nursery, although the applicant or property
owner would then be required to submit a plan of development (POD) for review and approval.
2. The subject parcel is approximately 9.73 acres. However, this request is only to rezone the
southernmost 5.27 acres (approximately) of the parcel. The northern portion of the parcel, along
with the adjacent parcel 211-46-026, have been subject to a separate request for a zone change
from Rural-43 to C-2 CUPD, per case Z2023090. The adjacent rezoning request will entitle the
redevelopment of the site as a garage-style condominium facility – a high-end manifestation of a
self-storage-type use. As of January 3, 2024, case Z2023090 has been recommended for
approval by the Planning & Zoning Commission and is scheduled to be heard by the Board of
Supervisors on January 24, 2024. Following approval of Z2023090 and Z2023052 (this request),
the subject parcel will be split. The southern portion of the subject parcel will become a new lot
of record and will remain in use as a retail nursery. The northern portion of the parcel will be
combined with the aforementioned adjacent parcel and redeveloped.
3. Per the zoning exhibit submitted with the application, portions of the southern and eastern
boundaries of the subject parcel will be modified to exclude existing rights-of-way when the new
lot split parcel is recorded. These rights-of-way include a 33’-wide portion of Westland Road
(corresponding with part of an existing patent easement) and what appears to be a culvert
adjacent to the Cave Creek Road right-of-way (aside from this culvert, Cave Creek Road is within
the Town of Cave Creek’s jurisdiction). Staff notes that Westland Road and 52nd Street (which
form the lot’s southern and western boundaries, respectively) are both patent easements and
mid-section line roads. As patent easements, each has a half-width of 33’ and must be kept clear
unless abandoned. However, as mid-section line roads, each requires a minimum additional
setback of 40’ from either side of the centerline for future right-of-way reservation. These 40’-wide
reservations must be kept clear regardless of whether the patent easements are abandoned. Per
its review of this request, the Planning Engineering division has conditioned approval on the
dedication of the entire 40’-half-width of Westland Road along the south lot line. Dedication of
this right-of-way will be required within six months of BOS approval or prior to issuance of any
building permits, whichever occurs first.
4. The applicant is requesting a CUPD overlay to vary some of the development regulations of the
C-2 zoning district, as well as to limit the land uses allowed onsite. Most of these variations have
been requested to accommodate existing conditions onsite dating to when the nursery was
entitled with an SUP. For example, whereas paved parking and circulation are required with
commercial zoning, the applicant is requesting to use stabilized decomposed granite (i.e., gravel
with an approved dust control plan) for surfacing of all parking areas and onsite circulation.
Asphalt or concrete pavement will still be required for the driveway thresholds themselves within
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the rights-of-way for Cave Creek Road and Westland Road. A reduction in the required parking
ratio for commercial uses – from 1 space per 250 square feet of floor area to 1 space per 1,250
square feet of floor area – has also been requested due to the low traffic generation of the
nursery.
5. Furthermore, the applicant is requesting to allow fencing in lieu of a solid wall to provide the
required screening of the property from adjacent residential land uses. Per the narrative, current
screening onsite is a mix of decorative stone and metal, as well as a six-foot-tall chain link fence
that was previously permitted. Historically, the site has been screened with a combination of
chain link fencing, decorative wrought-iron fencing, adobe walls, and view-obscuring landscaping.
Due to the general cohesiveness of the plant nursery with the surrounding environs, this screening
arrangement was approved with previous entitlements. As the use of the site will remain largely
the same, the applicant is requesting that the CUPD overlay allow for (at minimum) chain-link
fencing along all property lines adjacent to rural or residential zoning, so long as the property
continues to be used as a retail nursery. Should the site be redeveloped in the future into a more
traditional commercial use, base C-2 screening requirements will apply.
6. Per the request, the CUPD would limit the allowed uses onsite to nurseries (flower and plant
sales), feed stores (inside storage only), retail sales of gas (butane or propane), and uses allowed
in the C-1 zoning district, as well as accessory buildings or uses incidental to these. The applicant
has also requested to allow a static billboard with the CUPD. A summary of the proposed CUPD
development standards has been provided in the table below. Note that hobby shops and offices
have been requested as allowed uses, although these are included within the uses allowed in the
C-1 zoning district. Also note the request to allow outdoor display and storage with the retail
nursery use. Per the C-2 development standards for nursery uses, any outdoor display or storage
of incidental equipment and supplies must be enclosed on all sides by a solid fence or wall at
least six feet in height; likewise, no goods, materials, or objects may be stacked higher than the
fence or wall erected. As this is a condition of the use itself as written in the MCZO, it may not be
waived with the CUPD.
Development Standards Base C-2 Development Proposed C-2 CUPD
Standards Development Standards
Front Yard 25’ (adj. to rural/residential) 25’ (adj. to rural/residential)
Side Yard 10’ (adj. to rural/residential) 10’ (adj. to rural/residential)
Street Side Yard 10’ (adj. to rural/residential) 10’ (adj. to rural/residential)
Rear Yard 0’ (adj. to commercial) 0’ (adj. to commercial)
25’ (adj. to rural/residential) 25’ (adj. to rural/residential)
Max. Building Height 40’ (or 1’ less for each foot 40’ (or 1’ less for each foot
closer than 40’ to closer than 40’ to
rural/residential zoning) rural/residential zoning)
Driveway Surface Material Paved Parking Stabilized Decomposed
Granite
Parking Requirements 1 per 250 sq. ft. of floor area 1 per 1,250 sq. ft. of floor
area
1 per 5,000 sq. ft. of outside 1 per 5,000 sq. ft. of outside
display area display area
1 per 100 sq. ft. of outdoor 1 per 100 sq. ft. of outdoor
seating area seating area
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Site Enclosure and Screening 6’ solid wall 6’ fence (nursery, feed store,
butane/propane sales, and
accessory uses only)
6’ solid wall (C-1 uses)
Permitted Uses See MCZO Art. 804.2 for Uses allowed in C-1
allowed uses
Nurseries, flower and plant
sales, wholesale and retail;
including outdoor display
and storage
Feed stores with inside
storage
Retail sales of butane or
propane gas
Hobby shop
Non-illuminated Billboards
per MCZO except limited to
28’ height
Office
Accessory buildings/uses
incidental to the above
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2023 aerial image
Rural-43 zoning district and surrounding zoning districts
Z2023052
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Excerpt from land use exhibit
Existing On-Site and Adjacent Zoning / Land Use:
7. On-site: Rural-43 / Wholesale and Retail Plant Nursery
North: C-2 CUPD (Pending BOS Approval of Z2023090) / nonresidential
garage/storage units with an associated clubhouse
South: S-1 (City of Phoenix) / vacant
East: DR-43 (Town of Cave Creek) / church, vacant, and single-family residential
West: R-35 (Town of Cave Creek) / single-family residential
Utilities and Services:
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8. Water: Town of Cave Creek
Wastewater: Septic
School District: Cave Creek Unified School District
Fire: Rural Metro Fire Department
Police: Maricopa County Sheriff’s Office
Right-of-Way:
9. The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan.
Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification
Cave Creek 55’ 55’ Principal Arterial
Road
Westland Road 33’ (R/W and patent 40’ Minor Collector
easement)
52nd Street 33’ (patent easement) 40’ (required mid-section N/A
line buffer)
Adopted Plans:
10. 2015 Phoenix General Plan (land use map updated November 2023): The City of Phoenix General
Plan designates the site as “Large Lot (0 – 2 du/acre).” This land use category “provides for very
low density residential uses to protect and preserve low density areas in their present or desired
character.”
Public Participation Summary:
11. The applicant complied with the requirements of the Citizen Review Process with the required
posting of the property and notification by first-class mail to interested parties and adjacent
property owners within 300’ of the subject site.
12. Staff received 18 letters of concern or opposition regarding the request, with most of these letters
specifically referencing the request to allow a billboard (staff notes that only two of these letters
have originated from properties within 300 feet of the subject site). Originally, the applicant had
proposed allowing an illuminated billboard onsite, with the required distance from
rural/residential zoning reduced to 39 feet with the CUPD (where a minimum of 150 feet is
required for digital or illuminated billboards in commercial zoning districts). The applicant has
since revised the narrative and is no longer requesting to vary the distance requirements for
illuminated billboards.
13. Of the 18 letters of concern or opposition received, 13 directly referenced opposition to allowing
a billboard on the property, with 11 of these letters specifically including opposition to an
illuminated billboard or concerns with lighting in general. Many of these letters specifically noted
that the local community observes Dark Sky practices, with neighbors expressing their fears that
an illuminated billboard or the possibility of future redevelopment would inhibit the intent of
maintaining a Dark Sky community.
14. Additional concerns that surfaced in multiple letters received included opposition to cell towers,
multi-family redevelopment, allowing butane/propane sales, and allowing access to the site via
52nd Street (which separates the site from the adjacent Saguaro West subdivision). One letter
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expressed opposition to allowing a feed store, as there are other feed stores nearby, and another
letter expressed opposition to allowing a gas station. Staff notes that, while the applicant’s
narrative did not specifically mention allowing gas stations or multi-family development (and has
been revised to eliminate reference to cell towers), these uses would be allowed as C-1 uses,
which were requested.
15. Several of the letters received expressed explicit opposition to the zone change request, with
some arguing that reviving the SUP would have been more appropriate. Some of these letters,
however, expressed a willingness to support the zone change if additional stipulations were
recommended. Some neighbors specifically referenced the stipulations recommended for case
Z2023090 and requested that very similar stipulations be recommended for this case. Among the
requested conditions were restricting the use of the site exclusively to the nursery, prohibiting
billboards and cell towers, prohibiting access from 52nd Street, prohibiting parking or loading
areas along or within the setback adjacent to 52nd Street, requiring a landscape buffer (e.g.,
planting box trees) within the building setback along 52nd Street, and requiring that all material
sales and storage be kept behind screening and out of setbacks.
16. Staff did receive one letter expressing general support for the zone change. All letters of support,
concern, and opposition received as of the writing of this staff report have been attached.
17. Staff also received correspondence from a Senior Planner with the Town of Cave Creek on
December 19, 2023, inquiring about where to find application documents for this request as well
as for case Z2023090. This was followed by correspondence received from the Development
Services Director with Cave Creek on December 21, 2023, advising that Cave Creek staff would
“review and discuss the associated applications and prepare comments for the record where
necessary.” As of the writing of this staff report, no further correspondence has been received
from Cave Creek. To date, no correspondence has been received from the City of Phoenix
regarding this request.
Outstanding Concerns from Reviewing Agencies:
18. N/A
Staff Analysis:
19. Staff supports the request for a zone change to allow the retail nursery to continue operating
onsite with the required entitlement. The continued use of the site as a retail plant nursery
provides a fitting low-intensity commercial use for the surrounding community. As such, it
provides a smooth and appropriate transition of land uses between the surrounding residential
properties and the general commercial areas further north. The nursery also acts as a buffer
between Cave Creek Road on the east side and the neighborhoods to the west. The quiet and
agrarian nature of the site also makes the current use an appropriate one along Cave Creek Road,
where preservation of a scenic character is strongly encouraged. The location of the site at the
intersections of two mid-section line roads (52nd Street and Westland Road) and a major arterial
(Cave Creek Road) make it an appropriate location for limited commercial zoning. Furthermore,
limits placed on the types of commercial uses allowed will ensure that the site continues to
provide a smooth transition between the surrounding neighborhoods and the more intense
commercial uses nearby.
20. To alleviate concerns from neighboring property owners, staff recommends further restricting the
uses allowed onsite with the CUPD. Due to significant neighborhood opposition to increased
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commercial development in the area, staff recommends limiting the allowed uses onsite
exclusively to retail nurseries (flower and plant sales), buildings and uses ancillary to the nursery,
and a static, non-illuminated billboard. Staff also supports establishing height restrictions for
buildings as well as for exterior illumination, in line with those recommended per case Z2023090.
This would establish a maximum building/structure height of 28’, as well as a maximum height
of 10’ for all exterior lighting. Within the west side building setback, the maximum height for
lighting would be reduced to six feet. Staff supports adding additional stipulations to address
concerns regarding access, screening, and landscaping along 52nd Street.
21. Regarding screening in particular, staff notes that one of the stipulations originally approved for
Z2002024 included a specific requirement that screening along Cave Creek Road consist of a
combination wrought-iron fence and/or adobe wall located outside the ultimate right-of-way and
any sight visibility triangles, with live landscaping required on the external side of the wall or fence
to “help soften its appearance.” Staff supports reviving this stipulation for this request.
22. Originally, the applicant requested that an illuminated billboard be allowed with the CUPD, with
the required separation distance from rural/residential zoning reduced to 39 feet. After public
outreach and following discussions between staff and the applicant, staff recommends
restricting the uses allowed onsite to prohibit illuminated and/or digital billboards, as well as
billboard embellishments. This will alleviate concerns from neighboring residents regarding light
pollution in the surrounding dark sky community. It will also alleviate the visual impact along Cave
Creek Road, along which preserving the existing natural and scenic quality is of particular interest
and along which billboard development has been minimal to date. The proposed location of the
billboard would be along the east lot line of the subject property, although it must be placed
outside the required 105’ road setback measured from the centerline of Cave Creek Road
intended for landscaping. If placed adjacent to this road setback, the proposed billboard would
be located at least 100’ away from the nearest residential zoning district boundary or parcel
boundary of a residential use in a rural zoning district, as required per MCZO Article 1403.3.1.B.1.
Recommendation:
23. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve Z2023052 subject to the following conditions ‘a’ – ‘j’:
a. Development of the site shall be in substantial conformance with the zoning exhibit
entitled “Zoning Exhibit for Desert Foothills Gardens Nursery,” consisting of one full-size
sheets, dated October 20, 2023, and stamped received October 20, 2023, except as
modified by the following conditions. A revised zoning exhibit shall be submitted within
30 days of Board approval that reflects substantial conformance with condition ‘d’ as it
pertains to the revised C-2 CUPD standards and condition ‘f’ as it pertains to design
conditions. Staff may determine slight refinements to remain in substantial conformance
with the approved site plan. Minor and major amendments to the site plan will be
determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the narrative report
entitled “Rezone with Overlay Narrative for Desert Foothills Gardens Nursery”, consisting
of seven pages, dated December 2023, and stamped received December 19, 2023, except
as modified by the following conditions. A revised narrative shall be submitted within 30
days of Board approval that reflects substantial conformance with condition ‘d’ as it
pertains to the revised C-2 CUPD standards and condition ‘f’ as it pertains to design
conditions.
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c. The following Planning Engineering conditions shall apply:
1. Without the submittal of a precise plan of development, no development approval
is inferred by this review, including, but not limited to number of proposed
buildings, 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 (i.e., POD).
2. Unless abandoned, no improvements that would inhibit access is permitted within
existing Patent Easements within or surrounding the site.
3. Dedication of right-of-way across the site’s Westland Road frontage is required to
provide a half-width of 40 feet measured from the mid-section line. The dedication
shall occur within 6 months of BOS approval or prior to the issuance of any building
permit(s) for the site, whichever occurs first.
4. Cave Creek Road and N. 52nd Street are within the jurisdiction of the Town of Cave
Creek. The applicant will be responsible for coordinating with the Town to review
any traffic impact, right-of-way dedication, permitting or roadway improvement
requirements needed to provide suitable access to the site.
5. Engineering review of planning and/or zoning cases is for conceptual design only.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
d. The following C-2 CUPD standards shall apply:
1. Allowed uses shall be limited to:
a. Nurseries (flower and plant sales) provided all incidental equipment and
supplies are kept within a completely enclosed building or within an area
enclosed on all sides by a solid fence or wall at least six feet in height. No
artificial goods, materials, or objects displayed or stored outdoors may be
stacked higher than the fence or wall erected. Natural plants displayed,
stored, and sold onsite as part of the nursery’s inventory may exceed the
height of screening.
b. Accessory buildings and uses customarily incidental to the above.
c. One static, non-illuminated billboard
2. Maximum building/structure/billboard height: 28’
3. Maximum height of exterior lighting: 10’ (six feet within west side setback)
4. Minimum number of parking spaces: one space per 1,250 square feet of retail
commercial floor area
Z2023052
Page 10 of 12

5. Surfacing for parking and onsite circulation of plant nurseries and ancillary uses:
stabilized decomposed granite except as required for ADA spaces
6. All portions of the perimeter adjacent to residential zoning shall be screened by a
fence or wall at least six feet in height.
e. 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.
f. The following design conditions shall apply:
1. Wireless communication facilities (WCFs), digital billboards, illuminated
billboards, and billboard embellishments shall be prohibited.
2. Adjacent to residential uses, all improvements except for landscaping, utilities, and
approved pathways shall be located outside the building setbacks.
3. A landscape buffer shall be included within the building setback parallel to 52nd
Street.
4. Display or storage of any equipment and supplies incidental to the nursery shall be
prohibited within the building setback parallel to 52nd Street.
5. Parking and loading areas shall be prohibited within the building setback parallel
to 52nd Street.
6. Vehicle access shall be prohibited along 52nd Street.
7. Screening along the Cave Creek Road frontage shall consist of a combination
wrought-iron fence and/or adobe wall at least six feet in height. The fence/wall
shall be located outside the ultimate right-of-way and any sight visibility triangles.
Live landscaping shall be provided on the external side of the fence/wall to help
soften its appearance.
8. There shall be a landscape setback within all territory outside right-of-way as
measured within 105’ of the centerline of Cave Creek Road. Within this landscaped
setback, there shall be no buildings / structures, including billboards or fences /
walls.
g. Administrative approval of a plan of development will be required prior to approval and
issuance of construction permits to develop and establish use of the site. Prior to
issuance of a building permit, written confirmation will be required from the emergency
fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
Z2023052
Page 11 of 12

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 owners and their successors waive claim for diminution in value if the County
takes action to rescind approval due to noncompliance with conditions.
j. The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the zone change. The zone
change enhances the value of the property above its value as of the date the zone change
is granted and reverting to the prior zoning results in the same value of the property as if
the zone change had never been granted.
Presented by: Nick Schlimm, Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Zoning Exhibit (reduced 8.5”x11”, 1 page)
Narrative Report (7 pages)
MCESD comments (1 page)
DPR comments (2 pages)
Correspondence from Cave Creek (3 pages)
Letters of opposition (22 pages)
Letter of support (1 page)
Z2023052
Page 12 of 12


E CAREFREE HWY
ZONING EXHIBIT FOR
PKWY
DESERT FOOTHILLS GARDENS NURSERY
MOUNTAIN STR
PORTION OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 4 EAST 52ND
SITE
OF GILA AND SALT BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA BLACK N
REQUEST TO REZONE FROM RU-43 TO C-2 CUPD N 8
STR
56TH
STR N
48TH
N
E DOVE VALLEY RD
VICINITY MAP
NOT TO SCALE
PARCEL DESCRIPTION
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,
TOWNSHIP 5 NORTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY ARIZONA, LYING
NORTHWESTERLY OF CAVE CREEK ROAD AS SHOWN IN BOOK 3 OF ROAD MAPS, PAGE 20, RECORDS OF SAID COUNTY AND
LYING NORTHWESTERLY OF THOSE CERTAIN PARCELS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED
SEPTEMBER 04, 2001 AS 2001-0816599, RECORDS OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER (BRASS CAP FLUSH) OF SAID SECTION 8, FROM WHICH THE NORTH QUARTER CORNER (BRASS CAP
IN HANDHOLE) OF SAID SECTION 8 BEARS NORTH 00 DEGREES 02 MINUTES 50 SECONDS WEST A DISTANCE OF 2644.18 Ltd FEET: Ltd
THENCE NORTH 00 DEGREES 02 MINUTES 50 SECONDS WEST ALONG THE WEST LINE OF SAID NORTHEAST QUARTER Group A Blvd 85305 Group
DISTANCE OF 535.00 FEET; 629-8830
Sunset 325
THENCE NORTH 89 DEGREES 57 MINUTES 10 SECONDS EAST A DISTANCE OF 186.00 FEET; Consulting Arizona (480) www.bowman.com Consulting
North Suite
THENCE ALONG A NON-TANGENT ARC 389.87 FEET TO THE RIGHT, HAVING A RADIUS OF 4500.00 FEET, THE CHORD OF WHICH IS
SOUTH 83 DEGREES 43 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 389.75 FEET TO THE NORTHWESTERLY LINE OF 6751 SAID Glendale, Phone: Bowman
CERTAIN PARCELS; Bowman
©
THE FOLLOWING 9 COURSED RUN ALONG SAID NORTHWESTERLY LINE
THENCE SOUTH 27 DEGREES 27 MINUTES 40 SECONDS WEST A DISTANCE OF 426.00 FEET;
THENCE SOUTH 72 DEGREES 33 MINUTES 51 SECONDS WEST A DISTANCE OF 28.23 FEET; COUNTY
THENCE NORTH 62 DEGREES 32 MINUTES 20 SECONDS WEST A DISTANCE OF 30.49 FEET;
THENCE SOUTH 27 DEGREES 27 MINUTES 40 SECONDS WEST A DISTANCE OF 33.00 FEET;
THENCE SOUTH 62 DEGREES 32 MINUTES 20 SECONDS EAST A DISTANCE OF 50.49 FEET;
HENCE SOUTH 27 DEGREES 27 MINUTES 40 SECONDS WEST A DISTANCE OF 43.91 FEET;
STREET
THENCE NORTH 00 DEGREES 02 MINUTES 44 SECONDS WEST A DISTANCE OF 4.66 FEET;
THENCE SOUTH 89 DEGREES 57 MINUTES 41 SECONDS WEST A DISTANCE OF 163.00 FEET; MARICOPA
NURSERY
THENCE SOUTH 00 DEGREES 02 MINUTES 44 SECONDS EAST A DISTANCE OF 33.00 FEET TO THE SOUTH LINE OF SAID
NORTHEAST QUARTER;
THENCE SOUTH 89 DEGREES 57 MINUTES 41 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 168.88 FEET
52ND TO THE POINT OF BEGINNING. FOR RD
N
CREEK
OWNER ENGINEER AUTHORIZED AGENT EXHIBIT
SCENIC FOOTHILLS, LLC BOWMAN CONSULTING UPFRONT PLANNING & ENTITLEMENTS LLC
ROAD 36622 LAXY LN 6751 NORTH SUNSET BLVD, SUITE 325 1811 S. ALMA SCHOOL ROAD SUITE 283
CAREFREE, ARIZONA 85377 GLENDALE, ARIZONA 85305 MESA, ARIZONA 85210 FOOTHILLS CAVE
PHONE (480) 629-8830 PHONE (480) 221-6150
CONTACT JOE CABLE CONTACT JESSICA SARKISSIAN
PHONE: jcable@bowman.com EMAIL jessica@upfrontplanning.com ZONING N
CREEK
SITE DATA
PARCEL ADDRESS 33840 N CAVE CREEK RD 33840
CAVE CREEK, ARIZONA 85331 ARIZONA
CAVE APN 211-46-032B
NET AREA 205,197 sf
GROSS AREA 229,464 sf
N EXISTING ZONING RU-43 (IN UNINCORPORATED MARICOPA COUNTY
TO BE ANNEXED INTO TOWN OF CAVE CREEK) DESERT CREEK,
PROPOSED ZONING C-2 CUPD
CAVE
UTILITY COMMITMENT TABLE
WATER TOWN OF CAVE CREEK
Z2023052
SEWER SEPTIC SYSTEM
FIRE RURAL METRO FIRE DEPARTMENT
POLICE MARICOPA COUNTY SHERIFF'S OFFICE
ELECTRICITY ARIZONA PUBLIC SERVICE (APS)
NATURAL GAS SOUTHWEST GAS
TELEPHONE LUMEN TECHNOLOGIES (CENTURY LINK)
REFUSE WASTE MANAGEMENT
SCHOOL DISTRICT CAVE CREEK UNIFIED #93
CAVE CREEK UNIFIED SCHOOL DISTRICT
COMMERCIAL UNIT PLAN OF DEVELOPMENT SITE BENCHMARK
FOUND BRASS CAP IN HANDHOLE AT CENTER OF SEC. 8 T5N R4E
PROPOSED (C-2 CUPD) ELEVATION = 2002.23
REGULATION BASE (C-2) REGULATIONS
REGULATIONS
FRONT YARD 25' (adj. to rural/ residential) 25' (adj. to rural/ residential)
SIDE YARD 10' (adj. to rural/ residential) 10' (adj. to rural/ residential)
STREET SIDE YARD 10' (adj. to rural/ residential) 10' (adj. to rural/ residential) LEGEND .
0' (adj. to commercial) 0' (adj. to commercial) PROPERTY LINE
REAR YARD 25' (adj. to rural/ residential) 25' (adj. to rural/ residential)
SECTION LINE
40' (or 1' less for each foot closer than 40' (or 1' less for each foot closer than
MAX. BUILDING HEIGHT 40' to rural/ residential) 40' to rural/ residential) EASEMENT LINE
CENTER LINE
1 per 250 sq. ft. of floor area 1 per 1250 sq. ft. of floor area
PARKING 1 per 5000 sq. ft. of outside display area 1 per 5000 sq. ft. of outside display area RIGHT OF WAY LINE DD PC JC
1 per 100 sq. ft. of outdoor seating area 1 per 1000 sq. ft. of outdoor seating area BRASS CAP IN HANDHOLE
LOADING 1 per 25000 sq. ft. of floor area 1 per 25000 sq. ft. of floor area REBAR AS NOTED 1" = 40' Z2023052
BRASS CAP AS NOTED
SURFACE (PARKING & ONSITE) paving (asphalt/ concrete) stabilized decomposed granite 050635-00097
RIGHT OF WAY
SURFACE (DRIVEWAYS) paving (asphalt/ concrete) paving (asphalt/ concrete) PUBLIC UTILITY EASEMENT Call at least two full working days 10/20/23
before you begin excavation. #
6' fence (nurseries, feed stores and EASEMENT
E WESTLAND ROAD SCREENING 6' solid wall accessory uses only) EDGE OF PAVEMENT Arizona Blue Stake, Inc. SP01
6' solid wall (C-1 uses) Dial 8-1-1 or 1-800-STAKE-IT (782-5348) CASE
BUILDING SETBACK LINE In Maricopa County: (602) 263-1100 1 1

Rezone Narrative
Maricopa County
REZONE WITH OVERLAY NARRATIVE FOR
Desert Foothills Gardens Nursery
Case Number: Z2023052
Submitted to:
Maricopa County Planning Department
301 West Jefferson St, Suite 170
Phoenix, AZ 85003
Prepared by:
Upfront Planning & Entitlements, LLC
Ph: (480) 221-6150
Email: Jessica@upfrontplanning.com
December 2023
1

Rezone Narrative
Maricopa County
SITE
33840 N Cave Creek Road, Cave Creek, AZ 85331
1. REQUEST
Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a rezone request for a
portion of Parcel 211-46-032B (the “Property”). The property is located at 33840 N. Cave Creek Road at the
northwest corner of Cave Creek Road and Westland Road. The property is approximately 5.27 acres and will
be split from the larger existing parcel following County approval of the rezone request. The property is
located on a county island between the City of Phoenix and the Town of Cave Creek. The owner requests to
rezone the property from Rural-43 to C-2 (Intermediate Commercial) with a CUPD overlay to allow the
continuation of an existing retail nursery. A wholesale nursery has been in place since 1985, and the retail
nursery since 1995, following approval of a Special Use Permit which has since expired. Following County
approval of this rezone request, a Plan of Development will be submitted for review by the County.
2. PROPOSAL
The property owner requests a rezoning from Rural-43 to C-2 CUPD to allow the site to continue operating as
a retail and wholesale plant nursery. Although wholesale plant nurseries are allowed by-right with Rural-43
zoning, retail plant nurseries require at least C-2 zoning or a Special Use Permit. The retail nursery opened
in 1995 after having been entitled with an SUP (Z93-43), which was approved in 1994 and amended in
2002 (per Z2002024). This SUP expired in 2022, twenty years following approval of the Major
Amendment. Approval of this zone change request will entitle the continued use of this site as a retail
nursery. The required Plan of Development will be submitted for separate review after approval.
Outdoor storage and display areas are located throughout the site. Shoppers walk through these areas
2

Rezone Narrative
Maricopa County
to view and purchase items and consult with onsite designers. The site also includes a retail sales building
and various small structures, including shade canopies over display areas, small buildings for storage of
soils and materials, and a greenhouse. All of these structures are accessory to the retail nursery. The site
will continue to operate as a retail plant nursery with outdoor display and storage areas. No changes to
the existing buildings or signage are currently proposed, and they will remain unchanged unless
otherwise modified with the subsequent POD. However, the owners hope to expand their clientele and
provide additional services, including the sale of landscape materials and enhancements (for example,
stoneware and outdoor fountains), as well as the sale of feed for customers who keep small animals
(such as chickens) on their properties. Even with these additional services, the character and operation
of the site will remain largely unchanged and will continue to respect the surrounding rural and scenic
character of the area. All lighting onsite will continue to adhere to MCZO Section 1112.
The hours of operation are Monday through Friday from 8:00 AM – 4:30 PM, Saturday and Sunday from 9:00
AM – 4:30 PM with approximately 15 employees Monday through Friday and approximately 7 on the
weekends, weather permitting.
Current screening is a mix of decorative stone and metal, as well as a six-foot-tall chain link fence which
was previously permitted. Following approval of this rezone request and subsequent approval of a POD,
all property lines of the new lot split parcel will be screened to a minimum height of six feet. Although
base C-2 regulations require at least six-foot solid walls adjacent to rural or residential zoning, the site
has historically been screened with a combination of chain link fencing, decorative wrought-iron fencing,
adobe walls, and view-obscuring landscaping and wishes to continue as such. Due to the general
cohesiveness of the plant nursery with the surrounding environs, this screening arrangement was
approved with previous entitlements. As the use of the site will remain largely the same, it is requested
that the CUPD overlay allow for (at minimum) chain-link fencing along all property lines adjacent to rural
or residential zoning, so long as the property continues to be used as a retail nursery. Should the site be
redeveloped in the future into a more traditional commercial use, base C-2 screening requirements will
apply.
Parking is currently provided next to the retail building, accessible from Cave Creek Road. Parking is also
accessible from Westland Road. Stabilized decomposed granite (DG) is provided for all parking and
circulation onsite, for which a water truck is used on an as-needed basis to maintain dust control. This
use of stabilized DG, as opposed to traditional paving, is preferred for the site because it blends well with
the surrounding rural land uses and contributes to the scenic character of the area. The continued use
of DG would remain largely unchanged from the long-existing use of the property. Nonetheless, asphalt
or concrete paving will be provided for the driveways at Cave Creek and Westland Roads.
Table 1 – Development Standards
Development Base C-2 Development Standards Proposed C-2 CUPD
Standards Development Standards
Front Yard – Abutting 25-feet 25-feet
residential (Adj. to rural/ residential) (Adj. to rural/ residential)
Side Yard – abutting 10-feet 10-feet
Residential (Adj. to rural/ residential) (Adj. to rural/ residential)
Street Side Yard – 10-feet 10-feet
abutting Residential (Adj. to rural/ residential) (Adj. to rural/ residential)
Rear Yard Setback 0’ (adj. to commercial) 0’ (adj. to commercial)
3

Rezone Narrative
Maricopa County
adjacent to 25 feet 25 feet
Residential (Adj. to rural/ residential) (Adj. to rural/ residential)
Max. Building Height 40’ (or 1’ less for each foot closer than 40’ (or 1’ less for each foot closer
40’ to rural/residential zoning than 40’ to rural/residential
zoning
Driveway surface Paved parking Stabilized Decomposed Granite
material
Parking Requirements 1 per 250 sq. ft. of floor area 1 per 1,250 sq. ft. of floor area
1 per 5,000 sq. ft. of outside display area 1 per 5,000 sq. ft. of outside
1 per 100 sq. ft. of outdoor seating area display area
1 per 1,000 sq. ft. of outdoor
seating area
Site Enclosure and A 6’ solid wall A 6’ fence (nurseries, feed stores,
Screening – whether and accessory uses only)
abutting a Rural 6’ solid wall (C-1 uses)
zoning district or not
Permitted Uses See MCZO Art. 804.2 for allowed uses  Uses allowed in C-1
 Plant Nurseries, flower and
plant sales, wholesale and
retail; including outdoor
display and storage
 Feed Stores with inside
storage
 retail sales of Butane or
Propane Gas; does not include
automotive gas stations
 Hobby Shop
 Billboards per MCZO
 Office
 Accessory buildings/ uses
incidental to the above
3. RELATIONSHIP TO SURROUNDING PROPERTIES
The site is located on a county island between the City of Phoenix and the Town of Cave Creek, within the
Phoenix Municipal Planning Area. We have reached out to Phoenix regarding this request and have not yet
received a response. The parcels immediately surrounding the property consist of rural or single-family zoning
within the jurisdictions of Maricopa County, Phoenix, and Cave Creek. There is nearby general commercial
zoning within Cave Creek further to the north (along Carefree Highway) and the southeast (kitty corner to the
property across Cave Creek and Westland Roads).
The continued use of the site as a retail plant nursery provides a fitting low-intensity commercial use for the
surrounding community. As such, it provides a smooth and appropriate transition of land uses between the
surrounding rural/residential properties and the general commercial areas further north. The nursery also
acts as a buffer between Cave Creek Road on the east side and the residences to the west. The quiet and
agrarian nature of the site also makes the current use an appropriate one along Cave Creek Road, where
preservation of a scenic character is strongly encouraged.
4

Rezone Narrative
Maricopa County
Parcels to the north of the site are zoned Rural-43 (County) and DR-43 (Cave Creek), with General Commercial
(GC) zoning further to the north within Cave Creek. The parcels to the east and west have also been
incorporated within Cave Creek, with DR-43 zoning to the east across Cave Creek Road and R-35 zoning to
the west. Across Westland Road to the south is City of Phoenix jurisdiction, with Suburban – Ranch or Farm
Residence (S-1) zoning. The north half of the subject parcel, which will be split from the project site and is
therefore not subject to this request, is currently zoned Rural-43, but is undergoing review of a separate case
to change the zoning to C-2 with a CUPD overlay.
The location of the site at the intersections of two mid-section line roads (52nd Street and Westland Road)
and a major arterial (Cave Creek Road) make it an ideal location for limited commercial zoning. Furthermore,
limits placed on the types of commercial uses allowed will ensure that the site continues to provide an orderly
transition between the surrounding residential uses and the more intense general commercial uses nearby.
The Comprehensive/ General Plan Land Use classifications, along with the existing zoning and uses for the
parcels adjacent to the Property, are listed in the following table:
Adjacent Land Uses
Direction Existing Zoning Comp/ General Plan Land Existing Use
Use
Rural-43 (Maricopa Rural (Maricopa County) single-family residential
North
County)
East Mixed Use (Cave Creek)
DR-43 (Cave Creek) church, vacant, and
single-family residential
South 1-2 du/ac – Large Lot
S-1 (Phoenix) vacant
(Phoenix)
West Medium Residential 1 single-family residential
R-35 (Cave Creek)
(Cave Creek)
5

Rezone Narrative
Maricopa County
4. LOCATION AND ACCESSIBILITY
Three driveways will continue to provide safe access to the site. Two of these driveways are located along the
east and south lot lines, providing customers access to the site from Cave Creek Road and Westland Road,
respectively. A third driveway located along the west lot line provides employee and service access from 52nd
Street. A 25’ x 25’ sight visibility triangle (SVT) will be maintained on either side of each driveway entrance/exit
and will be kept clear of obstructions to visibility exceeding two feet in height.
Cave Creek Road and 52nd Street are within Town of Cave Creek jurisdiction. We will coordinate with the
Town to review any traffic impact, right-of-way dedication, permitting, or roadway improvement
requirements needed to continue providing access to the site. This will be coordinated prior to or during
review of the Plan of Development.
There are multiple existing patent easements located on the parcel. One is located to the north of the
proposed lot split area and will therefore not be located within the project site. The remaining two patent
easements are located along the western and southern boundaries of the site (along 52nd Street and
Westland Road, respectively). These easements shall remain free and clear of any obstructions that would
otherwise inhibit access.
5. CIRCULATION SYSTEM
Vehicles safely navigate the property by parking once they have entered any of the three forementioned
entrances. Emergency vehicles have enough space to pull in and out of the parking lots as well as park in case
of an emergency. The main customer parking areas are located off of Cave Creek Road and Westland Road
with the employee and service entrances off of 52nd St. A POD will be submitted at a later time.
6. DEVELOPMENT SCHEDULE
The site is an existing commercial plant nursery that was previously entitled with a Special Use Permit.
Following approval of this zone change request, a Plan of Development will be submitted for review. Any
changes to the existing development onsite will be reviewed upon submittal of the POD. The property owners
intend to continue operating the site in much the same manner as it has been operating since its
establishment.
7. COMMUNITY FACILITIES AND SERVICES
The project is located within the Cave Creek Unified School District (No. 93). The nearby Black Mountain
Elementary School and Cactus Shadows High School, as well as the Bella Vista College Preparatory School, are
located within a mile to the southeast of the site. Dove Valley Park, a neighborhood park, is located within a
mile to the southwest. The project is not anticipated to generate any impact on these nearby amenities.
Water Town of Cave Creek
Sewer Septic
Police Maricopa County Sheriff
Fire Rural Metro Fire
Electric APS
Natural Gas Southwest Gas
Telephone Cox / Century Link
Refuse Waste Management
6

Rezone Narrative
Maricopa County
8. CONCLUSION
The proposed rezoning will allow the site to continue operating as both a retail and a wholesale nursery, with
the retail nursery having been established over 35 years ago. The rezoning will also allow the retail nursery
to expand its services to include the sale of landscaping materials and enhancements. Even so, any such
expansion will not alter the overall character of the existing nursery and will have no negative impact on the
surrounding community.
The site is located off Cave Creek Road, just south of Carefree Highway. This makes it an ideal location for C-
2 zoning and the types of limited commercial uses that would best serve the community without disturbing
the ambiance created by the surrounding desert. This rezoning will allow the parcel to be used to its highest
and best use and will usher a smooth transition between the surrounding rural/residential zoning and the
general commercial zoning nearby to the north.
7

Water and Waste Management Division
Subdivision
Infrastructure
& Planning Program Project Name: - Desert Foothills Gardens Primary Contact Name: Jessica
301 W. Jefferson St. Nursery Sarkissian
Phoenix, AZ 85003
Planning Application Type: Zone Change APN(s): 211-46-032B
S u b d i vi s io n @ m a ri co p a .go v with Overlay
e s d .m a r i c o pa .g o v
Reviewer: Souren Naradikian, P.E. Planner Name: Nick Schlimm
Email: Souren.Naradikian@maricopa.gov Planning Case #: Z2023052
Phone: 602-372-2907 Date: May 30, 2023
The Maricopa County Environmental Services Department (MCESD) has completed review
for the - Desert Foothills Gardens Nursery planning case(s). Please note the following
MCESD requirements for site development:
Onsite Wastewater –
A Minor Plan Review application must be submitted for any existing system(s) if being
utilized and if the applicant believes the existing system(s) are adequate in size to support
the new use; otherwise, a new septic permit/install may be required.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
Subdivision and Infrastructure –
An Approval to Construct application is required and must be submitted to MCESD’s
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system
infrastructure.
For subdivision related questions, please contact the Subdivision and Infrastructure
Program at (602) 506-1058 or email subdivision@maricopa.gov.
Additional Notes –
Environmental Services does not require these items for condition of approval of Z2023052, however
these items must be addressed with the development of the site. Environmental Services does not
require additional review of this case.
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. 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 current regulations at the time of application.
Page | 1

Planning & Development
Engineering Plan Review
Date: November 2, 2023
Bob Fedorka, PE
Planning & Development
301 W. Jefferson St., Suite 170 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Phoenix, Arizona 85003 Development
Phone: (602) 506-7151
www.maricopa.gov/planning
Email address: Attn: Nicholas Schlimm, Planner, Planning & Development Services
bob.fedorka@maricopa.gov
cc: Michael Norris P.E., Engineering Manager, Planning and
Development
From: Bob Fedorka, PE, Plans Examiner Engineer, Planning &
Development
Subject: Z2023052 – Zone Change for Desert Foothills Nursery (3rd Review)
APN(s): 211-46-032B
Engineering Plan Review has reviewed the third submittal of the subject
application routed for review on 10/24/2023, for the subject application and has no
objections subject to the following conditions:
1. Without the submittal of a precise plan of development, no development
approval is inferred by this review, including, but not limited to number of
proposed buildings, 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 (i.e. POD).
2. Unless abandoned, no improvements that would inhibit access is permitted
within existing Patent Easements within or surrounding the site.
3. Dedication of right-of-way across the site’s Westland Road frontage is
required to provide a half-width of 40 feet measured from the mid-section
line. The dedication shall occur within 6 months of BOS approval or prior to
the issuance of any building permit(s) for the site, whichever occurs first.
4. Cave Creek Road and N. 52nd Street are within the jurisdiction of the Town
of Cave Creek. The applicant will be responsible for coordinating with the
Town to review any traffic impact, right-of-way dedication, permitting or
roadway improvement requirements needed to provide suitable access to
the site.
Page 1 of 2

5. Engineering review of planning and/or zoning cases is for conceptual
design only. All development and engineering design shall be in
conformance with Section 1205 of the Maricopa County Zoning Ordinance;
Drainage Policies and Standards; Floodplain Regulations for Maricopa
County; MCDOT Roadway Design Manual; and current engineering
policies, standards and best practices at the time of application for
construction.
Please contact me with any questions.
Page 2 of 2

Nicholas Schlimm (PND)
From: Luke Kautzman <lkautzman@cavecreekaz.gov>
Sent: Thursday, December 21, 2023 7:48 AM
To: Joel Landis (PND); Nicholas Schlimm (PND)
Cc: Steven Perales
Subject: RE: Rezone Cases Z2023090 and Z2023052
This Message Is From an External Sender
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Good Morning Joel and Nicholas,
Thank you for sending along the information. During the Town Council Call to Public this past Monday a
resident of Cave Creek in the adjacent Saguaro West neighborhood addressed the Council regarding the
pending applications currently being processed by you both. I had asked our Senior Planner the following day
to reach out to you and obtain the latest information on each case. You had provided the notice and updated
application for Z2023090 where it appears the applicant met with residents and adjusted their conceptual
plan as a result.
Staff will review and discuss the associated applications and prepare comments for the record where
necessary.
Respectfully,
Luke Kautzman, MPA
Development Services Director
Town of Cave Creek
480.488.6633
lkautzman@cavecreekaz.gov
www.cavecreekaz.gov
From: Joel Landis (PND) <Joel.Landis@maricopa.gov>
Sent: Tuesday, December 19, 2023 9:02 AM
To: Steven Perales <sperales@cavecreekaz.gov>
Cc: Nicholas Schlimm (PND) <Nicholas.Schlimm@maricopa.gov>
Subject: Re: Rezone Cases Z2023090 and Z2023052
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[EXTERNAL MESSAGE - use caution with links or attachments]
Hello,
I am the planner for Z2023090 and my colleague, Mr. Schlimm (cc'd), is the planner for Z2023052.
Z2023090, a zone change with overlay from Rural-43 to C-2 CUPD, was recently heard by the Maricopa
County Planning and Zoning Commission, who recommended a motion for approval to the Board of
Supervisors at the upcoming January 24 BOS hearing. Please see this link for my staff report for the case.
Z2023052 will be heard at an upcoming Planning and Zoning Commission hearing: my colleague Mr.
Schlimm can provide the details on that project as a staff report is not yet available.
To find all uploaded materials related to these cases online, you may do the following:
The application materials related to the above referenced case are available for download from the On-line Permit
Manager:
https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx
Under Planning Services select ‘Search Applications’
Enter the case number Z2023090 or Z2023052 and click enter
New page will load with case information, at the top next to Record Info
Click on the arrow drop down and select Attachments.
Finally, I would note that in our routing to areas of interest related to planning cases within the County, we rout all
projects within the Cave Creek area to Mr. Kautzman. To modify this, you may use this link.
Please let us know if you have any questions.
Joel Landis
To Maricopa help protect County your Logo privacy, Microsoft Office prevented automatic download of this picture from the Internet. PLANNING & DEVELOPMENT
301. W Jefferson St. Phoenix, AZ 85003
Planner
O: 602-506-8358
MARICOPA.GOV
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2

From: Steven Perales <sperales@cavecreekaz.gov>
Sent: Tuesday, December 19, 2023 8:52 AM
To: Joel Landis (PND) <Joel.Landis@maricopa.gov>
Subject: Rezone Cases Z2023090 and Z2023052
Good Morning Mr. Landi s, I am Steven Perales, the Senior Planner for the Town of Cave Creek. I was hoping you would assist me and guide me to where I can find t he links to the following Rezone Ca ses within the County Z2023090 – RU-43
Good Morning Mr. Landis,
I am Steven Perales, the Senior Planner for the Town of Cave Creek. I was hoping you would assist me and guide me to
where I can find the links to the following Rezone Cases within the County
Z2023090 – RU-43 to C-2 CUPD for a Storage Condo Facility
Z2023052 – RU-43 to C-2 CUPD for a Retail and Wholesale Plant Nursery with Added Retail
Your assistance is greatly appreciated.
Best,
Steven Perales
Senior Planner
Town of Cave Creek Planning and Zoning
37622 North Cave Creek Road
Cave Creek, AZ 85331
Office: (480) 488-6614
Work Cell: (480) 909-7651
Email: sperales@cavecreekaz.gov
Town Hall is open 7:00am to 5:00pm, Monday through Thursday. Town Hall is closed on Fridays.
3

Nicholas Schlimm (PND)
From: Julie G. <phxjag@gmail.com>
Sent: Saturday, December 9, 2023 12:47 PM
To: Jessica Sarkissian
Cc: Nicholas Schlimm (PND); Joel Landis (PND)
Subject: Opposition to Rezone for George's Nursery to C-2: Z2023052
Attachments: Z2023090 - 12_1_2023 - 12_7_2023 PZ.pdf
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Hi, Jessica & Nick,
At your request, I'm sending over the Toy Barn's conditions that were approved within their CUPD with the rezone at the
Dec 7 P&Z hearing.
I am in opposition to this rezone unless we apply more conditions into the CUPD.
We feel that George's rezone to C-2 is entirely different from requesting a Special Use Permit and keeping it Desert Rural
zone. Once it changes to Commercial C-2 zoning, we are stuck with anything being there in the future if the overlay isn't
clear enough.
We feel the Toy Barn standards and conditions of their rezone should be similarly applied to the Southern parcel that
George is keeping.
The neighbors will oppose the current rezone for George's nursery under this case. I have attached a copy of the report
as submitted by Joel Landis. We want to work with you and George to apply relatively the same conditions into his
rezone. I have also copied several neighbors on this email as a BCC. I am encouraging them to email directly to you
both.
See below excerpt from Joel Landis' report on Toy Barn. See also attached for the full report.
Additionally, we vehemently oppose ANY request for Billboards or Cellphone towers and request these conditions be
added to the Overlay for this rezone.
We are not against the diminished number of parking spaces, but want ALL parking (staff and customers) to be solely
within the perimeters of the property, which means behind any wall or fence.
We are not against keeping the parking spaces gravel as long as there isn't any parking along 52nd Street.
No access on N 52nd Street. He already has 2 entries off Cave Creek Rd and Westland. We do not want large diesel
trucks offloading in the street or right of way. And 52nd Street should not be used as a loading zone, which has been
happening 7 days a week at random hours of the day.
All materials for sale or being stored should be BEHIND walls or fences. Not along the roadway in the setback or ROW
along N 52nd St.
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If the chain link fences stay, we want this condition reverted back to walls when the property is sold. And we want the
items along the fence to be aesthetically pleasing in nature. Currently, it's a bunch of stuff and isn't nice to look at. Or,
we request he plant box trees in the setback to buffer the "stuff" from the roadview, as was included in Toy
Barn's proposal below.
Recommendation excerpt from Joel Landis:
15. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2023090
subject to the following conditions ‘a’ – ‘i’:
a. Development of the site shall be in substantial conformance with the narrative report entitled “Rezone Narrative
consisting of 13 full-size sheet, dated November 3, 2023, except as modified by the following conditions. Staff may
determine slight refinements to remain in substantial conformance with the approved narrative report. Minor and major
amendments to the site plan will be
determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
b. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Carefree Toy Barn“,
consisting of 1 full-size sheet, dated October 18, 2023, except as modified by the following conditions. Staff may
determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major
amendments to the site plan will be
determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance.
c. The following planning engineering conditions apply:
1. Any new site improvements will require a Plan of Development and Traffic Impact Study.
2. The submitted site plan shows development within the federal patent easement area. The site is encumbered by
Federal Patent easements. Unless abandoned, these easements must remain intact for their intended use. See link
below for abandonment process.
https://www.maricopa.gov/775/Abandonment-of-Patent- Easements. This must be completed prior to issuance of
building permits.
3. Without the submittal of a plan of development, no development approval will be inferred by the engineering
review, including, but not limited to drainage design, site 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.
4. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering
design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and
Standards; Floodplain Regulations for Maricopa County;
MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of
application for construction.
d. The following CUPD standards shall apply:
1. Allowed Uses: Uses shall be limited to individual, non-residential garage/storage units with an associated clubhouse.
Residential platted subdivisions shall be prohibited including, but not limited to residential condominium plats,
townhouse plats, and single-family residence plats.
2. Setbacks:
Rear Setback (West): 58’ minimum along 52nd St. Side Setback (North): 15’ minimum
Side Setback (South): 5’ minimum
3. Lighting Maximum height: 10’ maximum – 6’ maximum within 58’ setback adjacent to 52nd St.
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4. Building Height Maximum height: 28’ maximum (including parapet)
e. Administrative approval of a plan of development will be required prior to approval and issuance of construction
permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be
required from the emergency fire protection jurisdiction having authority that the facility has been designed in
accordance with their regulations and requirements, and that emergency fire protection service will be provided to the
facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be
required.
f. The following design conditions shall apply:
1. Adjacent to residential uses, all improvements with the exception of landscaping, utilities and approved pathways
shall be located outside the building setbacks.
2. A landscape buffer shall be included along the subject parcel at 52nd Street. The landscape buffer shall include at a
minimum one 36” box tree every 20 feet along 52nd Street and 5-gallon native plants/cacti every 10 feet. Existing
saguaros on the Property are to be protected and may be replanted within landscape buffer.
3. No emergency access shall be located on 52nd Street.
4. Block facia along 52nd Street corridor shall be consistent with muted desert tones of tans and browns.
5. Enhanced architecture of a southwestern theme shall be provided on west elevations Building A and Building E.
6. All parts of the perimeter which are adjacent to a residential zone shall be screened by a fence or wall.
7. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by
uses outside the site. Such comparison shall be made at the boundary of the site.
g. 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.
h. The property owner/s and their successors waive claim for diminution in value if Maricopa County takes action to
rescind approval due to noncompliance with conditions.
i. 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, (continued)
Z2023090
Page 9 of 9
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.
Thank you for your openness to discuss this further. Please let us know next steps.
3

Regards,
Julie Goldammer, 602-820-0330
34022 N 52nd St.
4

Nicholas Schlimm (PND)
From: Margaret Larson <meglarson777@icloud.com>
Sent: Tuesday, December 19, 2023 8:04 AM
To: Nicholas Schlimm (PND)
Subject: Lights, billboards…
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Always validate the sender first.
Please keep north Scottsdale and Rio verde areas a DARK sky area.
Sent from my iPhone
1

Nicholas Schlimm (PND)
From: Star Thornton <boxtstart@gmail.com>
Sent: Tuesday, December 19, 2023 8:15 AM
To: Nicholas Schlimm (PND); Joel Landis (PND)
Subject: Z-2023052
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Always validate the sender first.
Dear Sirs,
I am in opposition to this request. It is not in keeping with the surrounding area. A lighted billboard is a blight for this
area. Please vote no.
--
Star Thornton
480-510-6713
BoxTstarT@gmail.com
1

Nicholas Schlimm (PND)
From: nina <spitzer.nina@yahoo.com>
Sent: Tuesday, December 19, 2023 8:20 AM
To: Nicholas Schlimm (PND)
Subject: 33840 N. Cave Creek Road rezoning request
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Please use caution when you receive messages from new senders.
Always validate the sender first.
This zoning request at 33840 N. Cave Creek Road is ridiculous and needs to be a definite "No." This area of town is NOT
a turnpike or expressway. A 39' lighted billboard will be obtrusive and disturb our coveted dark skies. It will also set
precedent for allowing additional future rezonings. The applicant's sole reason for the request is (bottom line) their own
profit. Please, have a heart, save the community, and say - NO!
Thank you,
Nina Spitzer
Cave Creek resident
1

Nicholas Schlimm (PND)
From: Elly Whyte <mzelly@aol.com>
Sent: Tuesday, December 19, 2023 8:36 AM
To: Nicholas Schlimm (PND)
Cc: Joel Landis (PND)
Subject: Case Z2023052 33840 N. Cave Creek Road
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To Whom it May Concern:
We absolutely DO NOT need another lighted billboard in the north east valley to
destroy our beautiful dark skies. This company is in the wrong part of town if they feel
the need to light up the skies with this SPAM.
The answer is no to their request for a zoning change.
Elaine Whyte
602/309-2802
1

Nicholas Schlimm (PND)
From: Lisa Yost <lisa.yost@yahoo.com>
Sent: Tuesday, December 19, 2023 8:43 AM
To: Nicholas Schlimm (PND)
Cc: Joel Landis (PND)
Subject: Case Z2023052
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Always validate the sender first.
This email is to OPPOSE the request for a lighted billboard up to 39' tall, cell tower and multi-family units. This is not at all in
keeping with our area or dark skies. Further, this is not at all what the people living in this area want.
Thank you,
Lisa Yost
Sent from my iPhone
1

Nicholas Schlimm (PND)
From: Sheila Lavell <slavell98@gmail.com>
Sent: Tuesday, December 19, 2023 9:54 AM
To: Nicholas Schlimm (PND)
Cc: Joel Landis (PND)
Subject: Opposition to Case Z2023052
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Hi
I would like to voice our opposition to Case Z2023052 with respect to changing zoning to allow a lighted
billboard on the property at 33840 N Cave Creek Road, Phoenix. This would negatively affect the dark sky
policy in the area. This will negatively affect the area and potentially change future development. Please
do not allow this to spoil the area.
Regards.
Sheila Lavell and Colin Duff Porteous
33600 N Cave Creek Road, Unit 17D
Cave Creek, AZ
85331
1

Nicholas Schlimm (PND)
From: Randy Eskelson <randyjayeskelson@gmail.com>
Sent: Tuesday, December 19, 2023 10:49 AM
To: Nicholas Schlimm (PND); Joel Landis (PND); randyjayeskelson@gmail.com
Subject: Case Z2023052
This Message Is From an Untrusted Sender
You have not previously corresponded with this sender. Please use caution when you receive messages from new senders.
Always validate the sender first.
Please do not accept a Zoning Change for the property located at 33840 N Cave Creek Road. A 39' tall lit
up billboard would be horrible for our Cave Creek, AZ area.
Thanks for your consideration and Happy Holidays to you and your families,
Randy J Eskelson
40190 N 50th Street
Cave Creel, AZ 85331
Cell: 602-708-3696
randyjayeskelson@gmail.com
1

Nicholas Schlimm (PND)
From: Karen Garnett <garkar888@aol.com>
Sent: Tuesday, December 19, 2023 3:47 PM
To: Nicholas Schlimm (PND)
Cc: Joel Landis (PND)
Subject: Case Z2023052
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I am opposed to Case Z2023052 requesting a lighted billboard and gas station. This is not keeping with
our area or dark skies.
Karen Garnett
4909 E Duane Lane
Cave Creek, AZ
1

Nicholas Schlimm (PND)
From: Jacqueline Cohan <jacqsbac@live.com>
Sent: Tuesday, December 19, 2023 5:19 PM
To: Nicholas Schlimm (PND)
Cc: Joel.Schlimm@maricpa.gov
Subject: Case Z2023052
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Please no… it goes against everything that this area stands for which is dark skies and retaining the beauty of our Natural
Desert, whenever possible. No gaudy signs please.
Case Z2023052
Sent from my iPhone
Jacque Cohan
1

Nicholas Schlimm (PND)
From: +14804882358@tmomail.net
Sent: Wednesday, December 20, 2023 9:15 PM
To: Nicholas Schlimm (PND)
Attachments: text_0.txt
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Reference Case Z2023052 I am in opposition to
billboard, propane/diesel sales on this property. Cell
tower would be ok. Mary Magers
1

Nicholas Schlimm (PND)
From: only1marymm@yahoo.com
Sent: Thursday, December 21, 2023 11:48 AM
To: Nicholas Schlimm (PND)
Cc: Joel Landis (PND)
Subject: Case Z2023052
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Dear Nicholas and Joel
I am absolutely opposed to the rezoning of this property for the purposes that the owner is requesting. We do
not need a billboard much less a lighted billboard on this property so close to a residential neighborhood such
as I live in and have for more than 40 years.
The owner also wants propane and diesel sales….why? Tractor Supply offers propane and can’t be more
than 1/4 of a mile away! Propane tanks can also be exchanged at Walmart directly across the road, or at Fry’s
less than half mile away. There is a gas station 1/4 mile away, and one about 1/2 mile away.
I would not oppose a cell tower if low and disguised as a Saguaro or Palm Tree.
This is a residential neighborhood and needs to remain residential with no new businesses. I understand
owner wants other rezoning to put in Toy Barn…..stop, stop stop all the commercial buildings/businesses in
this area. We have way more traffic now in our area as it is. Cave Creek Road has more than enough traffic
any day of the week and all day long.
Please keep the area residential with no new buildings. Would you want any of this in your backyard? I don’t
want more in mine.
Merry Christmas and happy new year.
Mary Magers
Mel Magers
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