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Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: November 2, 2016
Case #/Title: Z2015013 – Carefree Crossings
Supervisor District: 3
Applicant/Owner: Burch & Cracchiolo, P.A. / Donald & Catherine Mahoney,
MP 9365 Mc Kemy LLC
Request: Zone Change from Rural-43 to C-2 CUPD without a precise
Plan of Development and located within the Carefree
Highway Scenic Corridor Study Area.
Site Location: Generally located at the northeast corner of Carefree
Highway and 7th Street in the Desert Hills area.
Site Size: Approximately 17.25 acres
County Island Status: N/A
Additional
Comments: All concerns from reviewing County agencies are addressed
with recommended conditions.
Commission
Recommendation: On 10/6/16, the Commission voted 6-0 to recommend
approval of Z2015013 subject to conditions ‘a’ – ‘n’:
Provided the following conditions are met:
a. Development of the site shall comply with the Zoning Exhibit entitled, “Carefree
Crossings – 7th St. & Carefree Highway”, consisting of 1 full-size sheet, dated
revised April 7, 2015, and stamped received May 6, 2016, except as modified by
the following conditions.
b. Development of the site shall be in conformance with the Narrative Report
entitled, “Carefree Crossings Zoning”, consisting of eighteen pages, dated
revised July 26, 2016, and stamped received July 28, 2016, except as modified by
the following conditions.
c. The C-2 CUPD will allow the following C-1 & C-2 commercial land uses on septic,
to be reviewed and approved by Maricopa County Environmental Services
Department (MCESD) with the Plan of Development application and permitting
with MCESD:
November 2, 2016
Z2015013
Page 1 of 7
1. Accessory buildings & uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may
be permitted as an accessory use as set forth in Section 1206 of MCZO.
Where renewable energy systems involve the generation or storage of
electricity, only grid-connected or off-grid systems are permitted.
2. Antique shops
3. Arcades
4. Art Galleries
5. Art metal and ornamental iron shops.
6. Automobile parts & supplies.
7. New and used, automobile and golf cart sales, and rentals provided all
sales activities are conducted within a building.
8. Awning and canvas stores.
9. Bakery shops for sales of products prepared off site only.
10. Banks
11. Blueprint, Photostat and reproduction (copy) services.
12. Boat sales, including an outside display area, provided all sales activities
are conducted within a building.
13. Books, stationery & gift shops.
14. Business schools.
15. Cabinet and carpenter shops.
16. Candy shops for sales of products prepared off site only.
17. Churches & house of worship, including accessory columbarium provided
that the building area of the columbarium shall not exceed 10% of the
total building area of the church building(s).
18. Cleaning agencies, laundry agencies, pressing establishments provided
there is no cleaning of clothes on the premise.
19. Clock & watch repair shops.
20. Clothing & dry good shops, including clothing & costume rental.
21. Conservatories or studios: Art, dancing or music.
22. Craft & hobby shops, with incidental craft or hobby instruction only.
23. Day nurseries & nursery schools, playground equipment which shall be
screened from any adjoining rural or residential zoning district.
24. Department stores
25. Dress shops
26. Drugstores & soda fountains
27. Electrical fixtures and appliance sales, repair and service.
28. Feed stores, inside storage only.
29. Privately owned or operated stations for fire protection, police or security
service, ambulance or other emergency service providers.
30. Florist shops
31. Furniture stores including: new, used, finished or unfinished merchandise.
32. Gardens and community gardens.
33. Gas (butane and propane), retail sales of
34. Hardware shops
35. Household appliance shops.
36. Ice cream shops
37. Interior Decorator shops.
38. Jewelry shops.
39. Key, locksmith or gun shops.
40. Liquor stores.
November 2, 2016
Z2015013
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41. Liquor stores limited to retail sales of package goods for off-site
consumption.
42. Medical clinics and surgical hospitals for farm animals (horse, cattle, and
other farm animals) – No floor drains allowed.
43. Nurseries, flower and plant sales, provided all incidental equipment &
supplies including fertilizer and empty cans, are kept within a completely
enclosed building or within an area enclosed on all sides by a solid fence
or wall at least 6’ in height and no goods, materials or objects are stacked
higher than the fence or wall so erected.
44. Offices.
45. Paint and wall paper stores.
46. Parking lots and public garages, subject to parking standards in MCZO
Chapter 11.
47. Pet shops, including the treatment or boarding of cats, dogs or other small
animals.
48. Photographer’s and artist’s studios.
49. Plumbing shops.
50. Pool halls or billiard centers.
51. Precision, optical and musical instrument repair shops.
52. Private clubs & fraternal organizations.
53. Private schools operated as a commercial enterprise.
54. Public facilities such as libraries, museums, parks, playgrounds, community
buildings, including police stations, post offices and other community
service buildings uses for non-commercial non-profit purposes.
55. Public schools: elementary, high school & college.
56. Precision, optical and musical instrument repair shops.
57. Radio & television broadcasting stations & studios, but not including
transmitter towers & stations.
58. Radio and television shops, including repair.
59. Rental services: household, lawn, garden, sickroom or office equipment.
60. Retail stores.
61. Secretarial or answering services.
62. Self-storage facilities.
63. Service to the public of water, gas, electricity, telephone, cable television
and sewage including wastewater treatment plants. The foregoing shall
be deemed to include attendance facilities & appurtenances to these
uses, including, without limitation, distribution, collector and feeder lines,
pumping or boosting stations along pipelines, and substations along
electric transmission lines.
64. Shoe repair shops.
65. Tailor shops.
66. Temporary construction administration offices/yard complex, which may
include a security office or residence for a security guard provided that
the following conditions are met: (a) the uses are only associated with the
developer/owner & subdivision or project in which they are located. (b)
Upon sales of the development cessation of the need for the use (95%
buildout), or cessation of the use, all structures, modifications to structures
and uses related to the temporary facility removed. (c) Those uses of
structures allowed shall meet all building code requirements. (d) All items
stored onsite shall only be those required for construction onsite. (e) The
November 2, 2016
Z2015013
Page 3 of 7
allowed uses may encroach into setback areas. (f) All necessary permits
must be issued prior to placement on the site.
67. Theaters, but not including a drive-in theater and adult-oriented facilities.
68. Tinsmith shops.
69. Trade school.
70. Upholstery shops
71. Variety and notion stores
72. Veterinary hospitals, clinics and kennels for dogs, cats and small animals –
No floor drains allowed.
73. Video rental stores.
d. The C-2 CUPD will allow the following C-1 & C-2 commercial land uses with a
wastewater sewer provider. The owner shall provide documentation to Planning
& Development and Maricopa County Environmental Services Department
(MCESD) demonstrating connectivity to a sewer provider with application of a
Plan of Development and application for permitting with MCESD:
1. Automobile laundries, provided steam cleaning is confined to a building.
2. Automobile repair shops and garages, including an outside vehicle
storage area to be used for vehicles under repair which shall be
completely screened from any street or surrounding property, and further
provided all repair operations are conducted within a building.
3. New and used, automobile and golf cart sales, and rentals provided all
sales, service and repair activities are conducted within a building.
4. Baking on the premises for on-site sales only.
5. Barber & beauty shops.
6. Bars including retail sales of package goods for off-site consumption,
provided that there is no entertainment of music or audible off-site.
7. Health spas and public gyms.
8. Boat sales, including an outside display area, provided all sales and repair
activities are conducted within a building.
9. Manufacturing of candy on the premises for on-site sales only.
10. Catering establishments not utilizing any manufacturing process or outside
storage of materials or vehicles.
11. Cleaning agencies, laundry agencies, pressing establishments & self-
service laundries or self-service dry cleaning machines, provided there is
no cleaning of clothes on the premise.
12. Delicatessen shops.
13. Drive-in restaurants and refreshment stands.
14. Gasoline service station, provided all incidental repair work is conducted
wholly within a completely enclosed building & space required for such
repair work does not constitute more than 60% of the floor area.
15. Grocery stores and meat markets.
16. Hospitals.
17. Hotels, resorts, motels.
18. Manufacturing of ice cream on the premises for on-site sales only.
19. Laboratories, medical or dental.
20. Medical clinics and surgical hospitals for farm animals (horse, cattle and
other farm animals).
21. Restaurants & cafes, including patios, with or without cocktail lounges,
provided there is no entertainment or music audible off-site.
November 2, 2016
Z2015013
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22. Restaurants and cafes, including drive-thru service with no outside eating
facilities, but not including those having dancing or shows, or drive in car
service. The sales of alcoholic beverages for on-site consumption only
may be permitted as an accessory use subject to the following
requirements: a) the kitchen facilities in the restaurant shall be no less than
20% of the floor area. (b) The floor plan of the restaurant shall be
approved by the Planning and Development Dept.
23. Taxidermists.
24. Veterinary hospitals, clinics and kennels for dogs, cats and small animals.
25. Any use permitted in the R-5 Multi-Family Residential Zoning District.
e. The C-2 CUPD zoning district prohibits the following commercial land uses:
1. Adult oriented facilities – books, stationary and gift shops.
2. No slaughtering of animals or poultry on the premises.
3. Medical Marijuana Dispensary Facilities as defined in the Maricopa
County Zoning Ordinance Chapter 2.
f. Once a sewer provider is available to provide wastewater service to the subject
properties, all land uses identified in conditions ‘c’ and ‘d’ will be considered an
allowed commercial land use.
g. The following C-2 CUPD standards shall apply:
1. Height: 25’/2 stories
2. Front Yard setback: 25’ or staggered front yard setbacks adjacent to
Carefree Highway as follows: 40’, 50’, 55’, and 60’ – see Zoning Exhibit for
setback locations.
3. Side Yard setback: 0’
4. Street Side Yard Setback: 10’ or staggered street-side setbacks adjacent
to Carefree Highway as follows: 40’, 50’, 55’ and 60’ – see Zoning Exhibit
for setback locations.
5. Rear Yard setback: 10’ or 0’ adjacent to drainage channel
6. Lot Area: 6,000 sq. ft.
7. Lot Width: 60’
8. Lot Coverage: 60%
h. At the time of each precise Plan of Development the applicant shall
demonstrate compliance with the Carefree Highway Scenic Corridor Study
Design Standards.
i. The following Maricopa County Department of Environmental Services
Department (MCESD) conditions shall apply:
1. The onsite septic system designs will be submitted to MCESD for approval.
Wastewater discharge will consist of typical sewage only, and will not
include any motor oil, gasoline, paint, varnish, solvent, pesticides, fertilizer,
or other material not generally associated with toilet flushing, food
preparation, laundry, or personal hygiene (ACC R18-9-A309.7a).
November 2, 2016
Z2015013
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2. The owner will abandon the septic systems and connect to a public sewer
system when one is available, and participate in a fair share of the public
sewer system funding.
3. 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 (SWPP) and obtain approval by MCESD prior to construction (a
separate submittal to MCESD is required).
4. Upon completion of construction, the owner shall fulfill MCESD post-
construction permit requirements. This will include appropriate operation
and maintenance requirements.
5. The property will be developed according to the permitted and
prohibited land use table.
j. The property owner shall submit a ‘will serve’ from the Daisy Mountain Fire
Department for fire protection services for the project site. A copy of the ‘will
serve’ letter shall be required as part of the initial construction permit submittal.
k. 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.
l. 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.
m. 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.
n. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for seven (7) years for the initial construction permit
outside of the Special Use Permit area and an additional seven (7) years for
each subsequent phase, within which time the subdivision infrastructure permit or
construction permit for each phase must be obtained. The applicant may
request an extension of this timeframe pursuant to MCZO requirements. The
applicant shall submit a written report every seven years from the date of Board
November 2, 2016
Z2015013
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of Supervisors approval of Z2015013 which details the status of this project,
including progress on obtaining subdivision infrastructure and/or construction
permits. The status report to be administratively reviewed by Planning and
Development with the ability to administratively accept or to carry the status
report to the Board of Supervisors (Board), upon recommendation by the
Planning and Zoning Commission (Commission) for consideration of amendments
or revocation of zoning for undeveloped parcels. Status reports will be required
until completion of the initial subdivision infrastructure and/or construction
permits for each zoning parcel (C-2 CUPD).
Presented by: Rachel Applegate, Senior Planner
Reviewed by: Darren Gerard, AICP, Deputy Director
Attachment: 10/6/16 P&Z Packet (60 pages)
Note: 10/6/16 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
November 2, 2016
Z2015013
Page 7 of 7
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2015013 - Carefree Crossings
Meeting Date: October 6, 201 6
Agenda Item: 3
Supervisor District: 3
Applicant: Burch & Cracchiolo, P.A.
Owners: Donald & Catherine Mahoney, MP 9365 Mc Kemy LLC
Request: Zone Change from Rural-43 to C-2 CUPD without a precise Plan of
Development and located within the Carefree Highway Scenic
Corridor Study Area.
Site Location: Generally located at the northeast corner of Carefree Highway
and 71h Street in the Desert Hills area.
Site Size: 17.25 acres
Density: N/A
County Island: No
County Plan: New River Area Plan - Commercial
Municipal Plan: City of Phoenix- Undesignated Area
Municipal Comments: City of Phoenix - comments related to Carefree Highway Scenic
Corridor Design Policies.
Support/Opposition: Opposition from New River/Desert Hills Community Association
Recommendation: Approve with conditions
Agenda Item: 3- Z2015013
Page 1 of 19
Project Summary:
1 The subject parcels consist of 17.25 acres to be rezoned from Rural-43 to C-2 CUPD
without a precise Plan of Development. The owner is intending to setup future
commercial land uses and development standards with this application. The property is
located at the northeast corner of 7 1h St. and Carefree Highway in the Desert Hills area.
The subject site consists of three parcels zoned Rural-43 and entirely within the Carefree
Highway Scenic Corridor Study (CHSCS). The applicant has also filed a companion
Special Use Permit (SUP) Z2015014 for mini-storage and outdoor storage uses on 8.9
acres of the site.
2. The rezone to C-2 CUPD without a precise Plan of Development would establish various
commercial land uses utilizing septic, sewer (upon availability) and a list of prohibited
commercial land uses. The site currently does not have a wastewater service provider.
The CUPD would limit the type of commercial uses which include C-1 and C-2 land uses
based upon septic and upon connectivity to sewer. The applicant has requested that
once a sewer service provider is available to service the properties, then all uses
identified for sewer (column 2) and uses on septic (column 1) would be an allowed use.
The septic systems installed on-site will be abandoned when sewer service becomes
available. The table includes a list of prohibited commercial land uses (column 3)
regardless of wastewater disposal. Staff notes the applicant evaluated the proposed
commercial land uses on septic and sewer with MCESD and is acceptable in the
various land uses, but has issued an objection to the zone change application due to
deviation from the CHSCS which references zone changes with connectivity to sewer.
Staff has modified the applicant's table to identify uses which are recommended land
uses within the CHSCS (identified with an * and shown in bold). Note that this list is not
based upon current MCZO verbiage but is considered applicable to the subject C-2
CUPD zoning district being proposed.
COLUMN 1 COLUMN 2 COLUMN 3
C-1 & C-2 LAND USES WITH SEPTIC C-1 & C-2 LAND USES WITH SEWER** PROHIBITED USES
1. Accessory buildings & uses customarily
incidental to the above uses. Renewable
energy systems are not permitted as a primary
use but may be permitted as an accessory
use as set forth in Section 1206 of MCZO.
Where renewable energy systems involve the
generation or storage of electricity, only grid-
connected or off-grid systems are permitted.
2. Antique Shops *
3. Arcades
4, Art Galleries *
5. Art metal and ornamental iron shops
6. Automobile laundries, provided steam
cleaning is confined to a building
7. Automobile parts & supplies *
8. Automobile repair shops and garages,
including an outside vehicle storage
area to be used for vehicles under repair
which shall be completely screened from
any street or surrounding property, and
further provided all repair operations are
conducted within a building
9. New and used, automobile and golf cart New and uSed, automobile and golf cart
sales, and rentals provided all sales activities sales, and rentals provided all sales,
are conducted within a building service and repair activities are
conducted within a buildin
Agenda Item: 3- 72015013
Page 2 of 19
10. Awning and canvas stores ,
11. Bakery shops for sales of products prepared Baking on the premises for an-site sales
off site only only *
12. Banks *
13. Barber & beauty shops *
14. Bars including retail sales of package
goods for off-site consumption, provided
that there is no entertainment of music or
audible off-site
15. Health spas and public gyms
16. Blueprint, Photostat and reproduction (copy)
services
17. Boat sales, including an outside display area, Boat sales, including an outside display
provided all sales activities are conducted area, provided all sales and repair
within a building activities are conducted within a
building
18. Books, stationery & gift shops * Adult oriented
facilities - books,
stationary and gift
shops
19. Business schools
20. Cabinet and carpenter shops
21. Candy shops for sales of products prepared Manufacturing of candy on the premises
off site only for on-site sales only
22. Catering establishments not utilizing any
manufacturing process or outside
storage of materials or vehicles
23. Churches & house of worship, including
accessory columbarium provided that the
building area of the columbarium shall not
exceed 10% of the total building area of the
church building(s)*
24. Cleaning agencies, laundry agencies, pressing Cleaning agencies, laundry agencies,
establishments provided there is no cleaning pressing establishments & self-service
of clothes on the premise laundries or self-service dry cleaning
machines, provided there is no cleaning
of clothes on the premise
25. Clock & watch repair shops *
26. Clothing & dry good shops, including clothing
8, costume rental
27. Conservatories or studios: Art, dancing or
music
28. Craft & hobby shops, with incidental craft or
hobby instruction only *
29. Day nurseries & nursery schools, playground
equipment which shall be screened from any
adjoining rural or residential zoning district, *
30. Delicatessen shops *
31. Department stores
32. Dress Shops
33, Drive-in restaurants and refreshment
stands
34. Drugstores * & soda fountains
35. Electrical fixtures and appliance sales, repair
and service *
36. feed stores, inside storage only *
37. Privately owned or operated stations for fire
protection, police or security service,
ambulance or other emergency service
providers *
38. Florist shops *
39. Furniture stores Including: new, used, finished
or unfinished merchandise
40. Gardens and community_gardens
41. Gas (butane and propane), retail sales of
42 Gasoline service station, provided all
incidental repair work is conducted
Agenda Item: 3- Z2015013
Page 3 of 19
wholly within a completely enclosed
building & space required for such repair
work does not constitute more than 60%
of the floor area
43. Grocery stores and meat markets No slaughtering of
animals or poultry on
the premise
44. Hardware shops*
45. Hospitals
46. Hotels, resorts, motels
47. Household appliance shops *
48. Ice cream shops Manufacturing of ice cream on the
premises for on-site sales only
49. interior Decorator shops *
50. Jewelry Shops *
51. Key, locksmith or gun shops *
52. Laboratories, medical or dental
53. Liquor stores
54. Liquor stores limited to retail sales of package
goods for off-site consumption
55. Medical clinics and surgical hospitals for farm Medical clinics and surgical hospitals for
animals (horse, cattle, and other farm farm animals (horse, cattle and other
animals)- No floor drains allowed farm animals)
56. Medical Marijuana
Dispensary Facilities
as defined in MC70
Chapter 2
57. Nurseries, flower and plant sales, provided all
incidental equipment 8, supplies including
fertilizer and empty cans, are kept within a
completely enclosed building or within an
area enclosed on all sides by a solid fence or
wall at least 6' in height and no goods,
materials or objects are stacked higher than
the fence or wall so erected
58. Offices *
59. Paint and wall paper stores
60. Parking lots and public garages, subject to
parking standards in MC70 Chapter 11
61. Pet shops, including the treatment or boarding
of cats, dogs or other smelt animals
62. Photographer's and artist's studios *
63. Plumbing shops
64. Pool halls or billiard centers
65. Precision, optical and musical instrument
repair shops
66. Private clubs & fraternal organizations *
67. Private schools operated as a commercial
enterprise
68. Public facilities such as libraries, museums,
parks, playgrounds, community buildings,
including police stations, post offices and
other community service buildings used for
non-commercial non-profit purposes *
69. Public schools: elementary, high school &
college
70. Precision, optical and musical instrument
repair shops
71. Radio & television broadcasting stations &
studios, but not including transmitter towers &
stations
72. Radio and television shops, including repair
73. Rental services: household, lawn, garden,
sickroom or office equipment
74. Restaurants & cafes, including patios,
with or without cocktail lounges,
provided there is no entertainment or
Agenda Item: 3- 72015013
Page 4 of 19
music audible oft-site
75. Restaurants and cafes, including drive-
thru service with no outside eating
facilities, but not including those having
dancing or shows, or drive in car service
*• The sales of alcoholic beverages for
on-site consumption only may be
permitted as an accessory use sulbect to
the following requirements: a) the
kitchen facilities in the restaurant shall be
no less than 20% of the floor area. (b) The
floor plan of the restaurant shall be
approved by the Planning and
Development Dept.
76. Retail stores
77. Secretarial or answering services
78. Self-storage facilities
79. Service to the public of water, gas, electricity,
telephone, cable television and sewage
including wastewater treatment plants. The
foregoing shall be deemed to include
attendance facilities & appurtenances to
these uses, including, without limitation,
distribution, collector and feeder lines,
pumping or boosting stations along pipelines,
and substations along electric transmission
lines
80. Shoe repair shops *
81. Tailor shops *
82, Taxidermists
83. Temporary construction administration
offices/yard complex, which may include a
security office or residence for a security
guard provided that the following conditions
are met: (a) the uses are only associated with
the developer/owner & subdivision or project
in which they are located. (b) Upon sales of
the development cessation of the need for
the use (95% buildout), or cessation of the use,
all structures, modifications to structures and
uses related to the temporary facility
removed. (c) Those uses of structures allowed
shall meet all building code requirements. (d)
All items stored onsite shall only be those
required for construction on site. e) The
allowed uses may encroach into setback
areas. (f) All necessary permits must be issued
prior to placement on the site.
84. Theaters, but not including a drive-in theater
and adult-oriented facilities
85. Tinsmith shops
86. Trade school
87. Upholstery shops
88. Variety and notion stores
89. Veterinary hospitals, clinics and kennels for Veterinary hospitals, clinics and kennels
dogs, cats and small animals — No floor drains for dogs, cats and small animals
allowed
90. Video rental stores*
Any use permitted in the R-5 Multi-Family
91. Residential Zoning District
**Once Sewer is provided to the site, then all land uses listed in Column 1 "C-1 & C-2 with septic"
will be an allowed use.
* Land uses identified with the CHSCS.
Agenda Item: 3- Z2015013
Page 5 of 19
3. There is no timeframe projected for the development of the site, the report states the
site will develop in phases based upon market demands. The CURD includes a limitation
on the C-2 zoning district to include staggered front yard and street-side yard setbacks
along Carefree Highway, and to eliminate the rear setbacks adjacent to the drainage
channel. Shown below is the proposed CURD table, staff is supportive of the requested
variations.
Regulation Base Zoning District Regulations Proposed Zoning District
C-2 Regulations C-2 CUPD
Height 4073 stories 2572 stories
Front Yard 10' 25' or
Staggered front yard setbacks
adjacent to Carefree Highway as
follows:
40`, 50`, 55' and 60' (see zoning
exhibit for locations).
Side Yard 10' 0'
Street-side Yard 10' 10' or
Staggered street-side setbacks
adjacent to Carefree Highway as
follows:
40', 50', 55' and 60' (see zoning
exhibit for locations).
Rear Yard 25' 10' or 0' adjacent to Drainage
Channel
Lot Area 6,000 sq. ft. 6,000 sq. ft.
Lot Width 60' 60'
Lot Coverage 60% 60%
4. The subject site is within the Desert Lake Wash and includes both floodway and
floodplain as depicted in Figure 3. The Flood Zone FW is defined by Flood Insurance
Rate Map (FIRM) as a channel of stream plus any adjacent floodplain area that must
be kept free of encroachment so that the 1% annual chance flood can be carried
without substantial increases in flood heights. Adjacent to the floodway is Floodway
Zone AE which is designated by FIRM as the 1% annual chance flood (100-year flood),
also known as the base flood, is the flood that has a 1% chance of being equaled or
exceeded in any given year. Development of the site would include a channelized
drainage way that would re-route the wash along the north and east property lines to
be constructed in conjunction with development of the SUP. Staff notes that Flood
Control has provided comments specifying that a CLOMR/LOMR will be required to re-
route the wash.
Floodpiain Viewer of subject sites — Desert take Wash.
Agenda item: 3 - Z2015013
Page 6 of 19
5. Access to the site will be from 7th St., 10th St. and proposed access along Carefree
Highway. A culvert over the drainage channel will be constructed in the future for
connectivity to 10th St. The zoning exhibit shows three points of access along Carefree
Highway, The driveway connections will occur with development of the commercial
sites. The driveways along Carefree Hwy. are shown as 50' in width to be spaced 490'
and 315' feet apart.
Conceptual Zoning Exhibit
Existing On-Site and Adjacent Zoning / Land Use:
6. On-site: Rural-43 / Vacant land
North: Rural-43 / Church and large lot residential
South: C-2 CUPD / Retail commercial uses and vacant land
East: Rural-43 / Vacant land
West: C-2 CUPD and C-2 PD / Commercial uses, gas station and fast
food, vacant
Agenda Item: 3-Z2015013
Page 7 of 19
Rural-43 zoning district
Utilities and Services:
7. Water: Town of Cave Creek
Wastewater: On-site septic system
School District: Deer Valley Unified #97
Fire: Daisy Mountain Fire District
Police: Maricopa County Sheriff's Office
Agenda Item: 3 Z2015013
Page 8 of 19
Adopted Plans:
8. New River Area Plan: The land use plan was adopted, April 7, 1999 and displays the
region as Rural {0-1 d.u./ac.) and within the CHSCS as Community Retail Center uses
within 1,000' of the intersection of Carefree Hwy. and 7th St. with a policy stating the
area should develop as a multi-commercial node.
9. Carefree Highway Scenic Corridor Study (CHSCS): Originally approved in 1997 as an
addendum to the New River Area Plan, an update to the Study was adopted August
2008. The study was created as a guide regarding growth and development along
Carefree Highway with input from area residents. The CHSCS is policy, not regulatory
and are guides to assist with development along Carefree Highway to enhance
development along the corridor. The CHSCS is located a 1/4 mile north and south of the
centerline of the highway and expands 3.5 miles from 7Th Ave. to 28th St. alignment. The
CHSCS was developed to protect the scenic views by restricting building heights,
landscaping, screening, signage, safe lighting and architectural design.
The land use designation of Community Retail Center as referenced in the New River
Area Plan is considered too intense and inappropriate for the area. The updated
CHSCS refines this land use to identify various commercial uses that would be
appropriate for the area that includes the rural character and neighborhood retail and
offices uses to serve the immediate area. The plan includes the following
recommendations for retail and office uses.
D All neighborhood retail uses should utilize C-S zoning only to help manage specific
uses and implement the concepts noted above.
• Special use permits are discouraged except if they are rural in character, meet the
intended concepts outlined above, and are compliable with the surrounding area.
• At the time of zone change, all neighborhood retail and neighborhood office uses
should demonstrate that necessary infrastructure and services are available to serve
the site, including a public water system, public sewer system, emergency response
services, necessary roadway improvements, and other infrastructure and services
deemed necessary.
• All new neighborhood retail and neighborhood office development should be
compatible with adjacent residential development.
)=. Landscaping should be compatible with the natural environment and/or adjacent
development to give a consistent appearance from the roadway.
The CHSCS includes a listing of various retail and office uses, with proposed uses not
listed within the plan discouraged, but would be evaluated on a case-by-case basis to
determine consistency. Staff evaluated the proposed land uses against the CHSCS and
identified uses consistent with the CHSCS with an * and bolded as referenced in
paragraph 2.
The subject site is adjacent to the Carefree Highway, 7th St. and 10th St. The CHSCS
states Carefree Highway is designated as a Principal Arterial Roadway which includes 4
Agenda Item: 3 - Z2015013
Page 9 of 19
to 6 lanes divided highway with bicycle lanes. 7th St. is designated as a Minor Arterial
Roadway with 2 through lanes separated by center left-turn lane and bicycle lanes. lOth
St. is identified as a local street with direct access and 2 through lanes.
The CHSCS plan identifies multiple goals for development within the corridor.
Goal #1: Promote efficient land development that is compatible with adjacent land uses,
is well integrated with transportation systems, and is sensitive to the natural
environment.
Goa/ #2: Maintain the views, rural character, and scenic beauty of the study area, and
protect, preserve, and enhance its environmental qualities.
Goal #3: Protect existing plant and animal habitats and species from the impacts of new
development.
Goal #4: Achieve specialty and niche neighborhood retail and neighborhood office uses
that are high quality, sensitive in design and function to the desert and rural
character, and that primarily serves the immediate area.
Goal #5: Deter so-called "strip," large building size "chain," "big box," and other types of
retail commercial and office uses that attract customers, employees, and traffic
from a regional basis.
Goal #6: Review all zone change and other development applications to ensure that new
urban development includes the necessary urban infrastructure and urban
services.
Goal #7: Review all zone change and other development applications to ensure respect
for the scale and character of the study area.
Design Guidelines are included as part of the CHSCS to preserve the rural corridor and
supplement the goals contained with the study. Since the zone change does not include a
precise plan of development, staff notes the owner upon applying for a Plan of Development
will need to address the CHSCS Design Standards. The design standards include
recommendation on the identity of the area, architectural design, setbacks, building heights,
landscaping, parking, screening, lighting and signage.
Subject site within the Carefree Highway Scenic Corridor Study.
pi L-rIfJ1 Carefree Crossings
E-317-':i 11 F1 1-10
1/4 mile segment
114 mile segment
3.5 mile segment
ELLITE
:dR )LEif\ 1
Agenda Item: 3- Z2015013
Page 10 of 19
10. City of Phoenix General Plan: The General Plan designates the subject site as
'Undesignated'.
City of Phoenix - Carefree Highway Scenic Corridor Design Policies: Adopted June 11,
1997. In a letter dated June 1, 2016, the City of Phoenix indicated the zone change
would be subject to improvements recommended by the City design policies. The
comments also reference the design constraints with drainage would make it difficult to
meet the design recommendations. Phoenix has indicated the proposed landscape
setback of 115' to 135' from centerline would average out to the 120 setback as
recommended in the design policies. The policies includes the following:
1. A 120' foot setback from the centerline of Carefree Highway to contain an undisturbed
landscaped area.
2. The undisturbed landscape area adjacent to Carefree Highway should taper into wash
areas to appear to naturally blend into the wash.
The city recommends the following improvements adjacent to Carefree Highway:
1. Provide a larger landscape transition/taper area on the northwest corner of 10th
Street and Carefree Highway to blend into the proposed drainage feature.
2. That a 10-foot wide public multi-use trail be constructed within an easement in
accordance with MAG supplemental detail along Carefree Highway for the
length of the property.
The conceptual landscape plan identifies various trees, shrubs, accents and ground
cover adjacent to Carefree Highway and along 7th St. and 10th St. The plan does not
include a landscape taper along 10th St. as recommended by the City, the plan also
does not include a 10' wide multi-use frail. Shown below is an image provided by the
applicant for landscaping.
Proposed landscaping for Carefree Crossings
CABEVREE HIQMAY
Agenda Item: 3- Z2015013
Page 11 of 19
Public Participation Summary:
12. The applicant posted the property and notified all property owners within 300' of the
subject site in accordance with the Maricopa County's Citizen Review Process. The
results report included copies of letters mailed to owners within 300' with changes to the
application, public meeting held on July 2, 2015 which included 4 people in
attendance and a meeting with the New River/Desert Hills Community Association on
December 4, 2015. The public meeting included review of the site plan and exhibits, the
report states there was positive comments received. The meeting with New River/Desert
Hills addressed the CHSCS, comments on the SUP application, driveways along
Carefree Highway and traffic. As of the writing of this report, staff has received several
telephone calls from the residents in the vicinity regarding the related Special Use
Permit application, but no issues identified or raised regarding the rezone application.
Outstanding Concerns from Reviewing Agencies:
13. MCESD letter dated August 17, 2016 indicates objection to the zone change
application due the proposal of utilizing on-site septic systems as a viable sewer solution
for long term commercial uses. The concerns relate to the possible installation of
multiple on-site septic systems to accommodate commercial uses which is not a viable
solution for development. The CHSCS includes a policy that states at the time of zone
change all neighborhood retail should demonstrate necessary infrastructure and
services are available to service the site, including public water systems and public
sewer systems. Staff notes, CHSCS is policy, not regulatory and was established to
provide guidance for new development about the character and development along
Carefree Highway. MCESD has indicated that an existing sewer line is located
approximately 4.4 miles to the east at Carefree Highway and 44th St. on the east bank
of Cave Creek Wash. A condition is included to address that when public sewer is
available, the owner shall abandon the on-site septic systems and participate in a fair
share of the public sewer system funding.
14. The New River/Desert Hills Community Association (NRDHCA) issued a letter dated
5/16/16 with a recommendation of denial. The analysis indicates the C-2 CUPD fits the
Area Plan, CHSCS, zoning ordinance and dark sky standards, but references the
following problems with the application therefore recommends denial:
• Allowing customers (public) to cross Carefree Highway to turn left into the east-
bound lanes (a dangerous situation). Carefree Highway is currently a divided
four (4) land highway, slated to be six (6). This is the primary reason for
recommending denial.
• Commercial facility on septic.
• Difficulties related to the rerouting of the flood-way that crosses the parcel.
• Lack of a drainage plan.
• Does not meet the setbacks of the CHSCS.
Staff Analysis:
15. The pre-application meeting held on May 6, 2014, staff recommended a zone change
to C-S (Commercial-Shopping) for consistency with the CHSCS which references zone
Agenda Item: 3- 72015013
Page 12 of 19
changes to C-0 (Commercial Office) or C-S. Staff raised concerns regarding
commercial zoning without a viable sewer solution. An intensity of commercial land
uses beyond the allowance of C-S was being requested, therefore the zone change
was submitted as C-2 CURD. Staff notes there is no existing wastewater service provider
available to serve the properties, the existing sewer line is approximately 4.4 miles to the
east. The existing wastewater treatment plant at the commercial site across the street
at the NWC of 7th St. and Carefree Highway is almost at full capacity. The CHSCS states
that a zone change should demonstrate that public water and public sewer system are
available. The zone change does not meet the policies as developed by residents
within the CHSCS, in regards to zoning and urban services.
16. The CHSCS was established based upon recommendations from residents on future
development of the existing rural character and scenic qualities of the Carefree
Highway to envision development to occur with limited rural and neighborhood land
uses. Staff notes there are several recommended land uses from the CHSCS that are
identified in the proposed land use table. Staff notes upon submittal of individual Plan of
Development applications, the owner will need to address design standards identified
within the CHSCS. Staff notes the New River/Desert Hills Community Association letter
states problems with access from Carefree Highway (primary reason for denial),
commercial on septic, floodway, and setbacks. Staff notes access from Carefree
Highway, setbacks, compliance with Design Standards within the CHSCS will be
addressed at the Plan of Development stage.
17. In an effort to proceed forward with neighborhood commercial zoning, a table of
various C-1 and C-2 uses and land uses within CHSCS were submitted for MCESD
evaluation based upon low demand for wastewater on septic and connectivity to
sewer. The C-2 CURD establishes various land uses on septic and sewer, prohibition of
uses, reduction in building heights, and staggered setbacks.
18. Staff concurs with MCESD on concerns raised regarding rezoning without a viable sewer
solution, in an effort to proceed forward with development, the CURD would allow for
various land uses dependent upon a wastewater solution to be reviewed and
approved by MCESD. Staff notes there are land uses beyond the identified
rural/neighborhood uses identified by the residents within the CHSCS. Staff is supportive
of the zone change with the CURD that includes limited land uses with MCESD to issue
approval when individual Plan of Development site plans and permitting are submitted.
Other county agencies do not have objection to the zone change application.
Recommendation:
19. ' For the reasons outlined in this staff report, staff recommends the Commission motion for
approval with conditions 'a' - 'n', of Z2015013.
Provided the following conditions are met:
a. Development of the site shall comply with the Zoning Exhibit entitled, "Carefree
Crossings - 7th St. & Carefree Highway", consisting of 1 full-size sheet, dated
revised April 7,2015, and stamped received May 6,2016, except as modified by
the following conditions.
Agenda Item: 3 - 720 I 5013
Page 13 of 19
b. Development of the site shall be in conformance with the Narrative Report
entitled, "Carefree Crossings Zoning", consisting of eighteen pages, dated
revised July 26, 2016, and stamped received July 28, 2016, except as modified by
the following conditions.
c. The C-2 CUPD will allow the following C-1 & C-2 commercial land uses on septic,
to be reviewed and approved by Maricopa County Environmental Services
Department (MCESD) with the Plan of Development application and permitting
with MCESD:
1. Accessory buildings & uses customarily incidental to the above uses.
Renewable energy systems are not permitted as a primary use but may
be permitted as an accessory use as set forth in Section 1206 of MCZO.
Where renewable energy systems involve the generation or storage of
electricity, only grid-connected or off-grid systems are permitted.
2. Antique shops
3. Arcades
4. Art Galleries
5. Art metal and ornamental iron shops.
6. Automobile parts & supplies.
7. New and used, automobile and golf cart sales, and rentals provided all
sales activities are conducted within a building.
8. Awning and canvas stores.
9. Bakery shops for sales of products prepared off site only.
10. Banks
11. Blueprint, Photostat and reproduction (copy) services.
12. Boat sales, including an outside display area, provided all sales activities
are conducted within a building.
13. Books, stationery & gift shops.
14. Business schools.
15. Cabinet and carpenter shops.
16. Candy shops for sales of products prepared off site only.
17. Churches & house of worship, including accessory columbarium provided
that the building area of the columbarium shall not exceed 10% of the
total building area of the church building(s).
18. Cleaning agencies, laundry agencies, pressing establishments provided
there is no cleaning of clothes on the premise.
19. Clock & watch repair shops.
20. Clothing & dry good shops, including clothing & costume rental.
21. Conservatories or studios: Art, dancing or music.
22. Craft & hobby shops, with incidental craft or hobby instruction only.
23. Day nurseries & nursery schools, playground equipment which shall be
screened from any adjoining rural or residential zoning district.
24. Department stores
25. Dress shops
26. Drugstores & soda fountains
27. Electrical fixtures and appliance sales, repair and service.
28. Feed stores, inside storage only.
29. Privately owned or operated stations for fire protection, police or security
service, ambulance or other emergency service providers.
Agenda Item: 3- 72015013
Page 14 of 19
30. Florist shops
31. Furniture stores including: new, used, finished or unfinished merchandise.
32. Gardens and community gardens.
33. Gas (butane and propane), retail sales of
34. Hardware shops
35. Household appliance shops.
36. Ice cream shops
37. Interior Decorator shops.
38. Jewelry shops.
39. Key, locksmith or gun shops.
40. Liquor stores.
41. Liquor stores limited to retail sales of package goods for off-site
consumption.
42. Medical clinics and surgical hospitals for farm animals (horse, cattle, and
other farm animals) - No floor drains allowed.
43. Nurseries, flower and plant sales, provided all incidental equipment &
supplies including fertilizer and empty cans, are kept within a completely
enclosed building or within an area enclosed on all sides by a solid fence
or wall at least 6' in height and no goods, materials or objects are stacked
higher than the fence or wall so erected.
44. Offices.
45. Paint and wall paper stores.
46. Parking lots and public garages, subject to parking standards in MCZO
Chapter 11.
47. Pet shops, including the treatment or boarding of cats, dogs or other small
animals.
48. Photographer's and artist's studios.
49. Plumbing shops.
50. Pool halls or billiard centers.
51. Precision, optical and musical instrument repair shops.
52. Private clubs & fraternal organizations.
53. Private schools operated as a commercial enterprise.
54. Public facilities such as libraries, museums, parks, playgrounds, community
buildings, including police stations, post offices and other community
service buildings uses for non-commercial non-profit purposes.
55. Public schools: elementary, high school & college.
56. Precision, optical and musical instrument repair shops.
57. Radio & television broadcasting stations & studios, but not including
transmitter towers & stations.
58. Radio and television shops, including repair.
59. Rental services: household, lawn, garden, sickroom or office equipment.
60. Retail stores.
61. Secretarial or answering services.
62. Self-storage facilities.
63. Service to the public of wafer, gas, electricity, telephone, cable television
and sewage including wastewater treatment plants. The foregoing shall
be deemed to include attendance facilities & appurtenances to these
uses, including, without limitation, distribution, collector and feeder lines,
pumping or boosting stations along pipelines, and substations along
electric transmission lines.
Agenda Item: 3 - 72015013
Page 15 of 19
64. Shoe repair shops.
65. Tailor shops.
66. Temporary construction administration offices/yard complex, which may
include a security office or residence for a security guard provided that
the following conditions are met: (a) the uses are only associated with the
developer/owner & subdivision or project in which they are located. (b)
Upon sales of the development cessation of the need for the use (95%
buildout), or cessation of the use, all structures, modifications to structures
and uses related to the temporary facility removed. (c) Those uses of
structures allowed shall meet all building code requirements. (d) All items
stored onsite shall only be those required for construction onsite. (e) The
allowed uses may encroach into setback areas. (f) All necessary permits
must be issued prior to placement on the site.
67. Theaters, but not including a drive-in theater and adult-oriented facilities.
68. Tinsmith shops.
69. Trade school.
70. Upholstery shops
71. Variety and notion stores
72. Veterinary hospitals, clinics and kennels for dogs, cats and small animals -
No floor drains allowed.
73. Video rental stores.
d. The C-2 CUPD will allow the following C-1 & C-2 commercial land uses with a
wastewater sewer provider. The owner shall provide documentation to Planning
& Development and Maricopa County Environmental Services Department
(MCESD) demonstrating connectivity to a sewer provider with application of a
Plan of Development and application for permitting with MCESD:
1. Automobile Laundries, provided steam cleaning is confined to a building.
2. Automobile repair shops and garages, including an outside vehicle
storage area to be used for vehicles under repair which shall be
completely screened from any street or surrounding property, and further
provided all repair operations are conducted within a building.
3. New and used, automobile and golf cart sales, and rentals provided all
sales, service and repair activities are conducted within a building.
4. Baking on the premises for on-site sales only.
5. Barber & beauty shops.
6. Bars including retail sales of package goods for off-site consumption,
provided that there is no entertainment of music or audible off-site.
7. Health spas and public gyms.
8. Boat sales, including an outside display area, provided all sales and repair
activities are conducted within a building.
9. Manufacturing of candy on the premises for on-site sales only.
10. Catering establishments not utilizing any manufacturing process or outside
storage of materials or vehicles.
11. Cleaning agencies, laundry agencies, pressing establishments & self-
service laundries or self-service dry cleaning machines, provided there is
no cleaning of clothes on the premise.
12. Delicatessen shops.
13. Drive-in restaurants and refreshment stands.
Agenda Item: 3 Z2015013
Page 16 of 19
14. Gasoline service station, provided all incidental repair work is conducted
wholly within a completely enclosed building 8, space required for such
repair work does not constitute more than 60% of the floor area.
15. Grocery stores and meat markets.
16. Hospitals.
17. Hotels, resorts, motels.
18. Manufacturing of ice cream on the premises for on-site sales only.
19. Laboratories, medical or dental.
20. Medical clinics and surgical hospitals for farm animals (horse, cattle and
other farm animals).
21. Restaurants 8, cafes, including patios, with or without cocktail lounges,
provided there is no entertainment or music audible off-site.
22. Restaurants and cafes, including drive-thru service with no outside eating
facilities, but not including those having dancing or shows, or drive in car
service. The sales of alcoholic beverages for on-site consumption only
may be permitted as an accessory use subject to the following
requirements: a) the kitchen facilities in the restaurant shall be no less than
20% of the floor area. (b) The floor plan of the restaurant shall be
approved by the Planning and Development Dept.
23. Taxidermists.
24. Veterinary hospitals, clinics and kennels for dogs, cats and small animals.
25. Any use permitted in the R-5 Multi-Family Residential Zoning District.
e. The C-2 CURD zoning district prohibits the following commercial land uses:
1. Adult oriented facilities - books, stationary and gift shops.
2. No slaughtering of animals or poultry on the premises.
3. Medical Marijuana Dispensary Facilities as defined in the Maricopa
County Zoning Ordinance Chapter 2.
f. Once a sewer provider is available to provide wastewater service to the subject
properties, all land uses identified in conditions `c' and 'cl' will be considered an
allowed commercial land use.
g. The following C-2 CUPD standards shall apply:
1. Height: 25'/2 stories
2. Front Yard setback: 25' or staggered front yard setbacks adjacent to
Carefree Highway as follows: 40', 50', 55', and 60' - see Zoning Exhibit for
setback locations.
3. Side Yard setback: 0'
4. Street Side Yard Setback: 10' or staggered street-side setbacks adjacent
to Carefree Highway as follows: 40', 50', 55' and 60' - see Zoning Exhibit
for setback locations.
5. Rear Yard setback: 10' or 0' adjacent to drainage channel
6. Lot Area: 6,000 sq. ft.
7. Lot Width: 60'
8. Lot Coverage: 60%
Agenda Item: 3- Z2015013
Page 17 of 19
h. At the time of each precise Plan of Development the applicant shall
demonstrate compliance with the Carefree Highway Scenic Corridor Study
Design Standards.
i. The following Maricopa County Department of Environmental Services
Department (MCESD) conditions shall apply:
1 The onsite septic system designs will be submitted to MCESD for approval.
Wastewater discharge will consist of typical sewage only, and will not
include any motor oil, gasoline, paint, varnish, solvent, pesticides, fertilizer,
or other material not generally associated with toilet flushing, food
preparation, laundry, or personal hygiene (ACC R18-9-A309.7a).
2. The owner will abandon the septic systems and connect to a public sewer
system when one is available, and participate in a fair share of the public
sewer system funding.
3. 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 (SWPP) and obtain approval by MCESD prior to construction (a
separate submittal to MCESD is required).
4. Upon completion of construction, the owner shall fulfill MCESD post-
construction permit requirements. This will include appropriate operation
and maintenance requirements.
5. The property will be developed according to the permitted and
prohibited land use table.
The property owner shall submit a 'will serve' from the Daisy Mountain Fire
Department for fire protection services for the project site. A copy of the 'will
serve' letter shall be required as part of the initial construction permit submittal.
k. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Zone Change as set forth in the Maricopa County
Zoning Ordinance.
I. The property owner/s and their successors waive claim for diminution in value if
the County fakes action to rescind approval due to noncompliance with
conditions.
m. 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
Agenda Item: 3 - 72015013
Page 18 of 19
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.
n. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article
304.6, and ARS § 11-814 for seven (7) years for the initial construction permit
outside of the Special Use Permit area and an additional seven (7) years for
each subsequent phase, within which time the subdivision infrastructure permit or
construction permit for each phase must be obtained. The applicant may
request an extension of this timeframe pursuant to MCZO requirements. The
applicant shall submit a written report every seven years from the date of Board
of Supervisors approval of Z2015013 which details the status of this project,
including progress on obtaining subdivision infrastructure and/or construction
permits. The status report to be administratively reviewed by Planning and
Development with the ability to administratively accept or to carry the status
report to the Board of Supervisors (Board), upon recommendation by the
Planning and Zoning Commission (Commission) for consideration of amendments
or revocation of zoning for undeveloped parcels. Status reports will be required
until completion of the initial subdivision infrastructure and/or construction
permits for each zoning parcel (C-2 CURD).
Presented by: Rachel Applegate. Senior Planner
Reviewed by: Matthew Holm, AICP, Planning Supervisor
Attachments: Case Map (1 page)
Vicinity Map (I page)
Site Plan (reduced 8.5"x11", 1 page)
Narrative Report/Ex. Summary (24 pages)
MCESD comments (2 pages)
Engineering comments (1 page)
MCDEM comments (2 pages)
MCSO comments (1 page)
Daisy Mountain Fire District (2 pages)
New River/Desert Hills Community Association (2 pages)
ADOT comments (1 page)
City of Phoenix (2 pages)
Agenda Item: 3 - 72015013
Page 19 of 19
ONE
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Application Name: Carefree Crossing - Zone Change to C-S
Legal Description
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Applicant Applicant Phone/Email
602.234.9913
Ed Bull for Burch & Cracchiolo ebulLgbcattorneys.com Z2015013
Case Address Parcel Primary: 211-52-015A
34609 N 7TH St
PHOENIX AZ 85086 211-52-013A, 211 -52-014A
Map scale 1:3,049
Generated September 14, 2016 11:55 AM Gross Acres: 7 approx. Aerials Sep-Nov 2014
Supervisor District No.3
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Legal Description
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Applicant Applicant Phone/Email
602.234,9913
Ed Bull for Burch & Cracchiolo ebull@bcattorneys.com Z2015013
Case Address Parcel Primary: 211-52-015A
34609 N 7TH St
PHOENIX AZ 85086 211-52-013A, 211-52-014A
Map scale 1:15,600
Generated September 14, 2016 11:58 AM Gross Acres: 7 approx. Aerials Sep-Nov 2014
Supervisor District No.3
CAREFREE CROSSING / REZONE TO C -2 CUPD
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C-2 COMMERCIAL UNIT PLAN OF DEVELOPMENT
FOR
CAREFREE CROSSING
ZONING
NORTHEAST CORNER OF 7TH STREET AND CAREFREE HIGHWAY
Case No. Z2015013
Submitted: January 14, 2015
1st Revision: May 21, 2015
2" Revision: November 4, 2015
3rd Revision: May 5, 2016
4th Revision: July 26, 2016
DEVELOPMENT TEAM
Property Owners and Project Development
Pat Mahoney and Jim & Catherine Mahoney
Arizona Commercial Real Estate, SVS
5210 N. Central Avenue, Suite 102
Phoenix, AZ 85012
602-264-4336
Architect
Stephen M. Krager
Euthenics Architecture and Interiors
5210 N. Central Avenue, Suite 102
Phoenix, AZ 85012
602-252-5606
Civil Engineers
Don Surface
Surface Engineering
1646 E/ Runion Drive
Phoenix, AZ 85024
602-717-2135
Len Erie
Erie and Associates, Inc.
3120 North 24th Street
Phoenix, AZ 85046
602-954-6399
Landscape Architect
Hardy Laskin
Laskin and Associates
67 E. Weldon Avenue, Suite 230
Phoenix, AZ 85012
602-840-7771
Zoning Entitlements
Ed Bull
Burch & Cracchiolo
702 E. Osborn Road, Suite 200
Phoenix, AZ 85014
602-234-9913
TABLE OF EXHIBITS
Exhibit No. Description
I. Aerial Map
2 Zoning Exhibit
3 Conceptual Landscape Plan (C2 CUPD)
4 Prohibited and Permitted Land Use Table
5 "Will Serve" Water Letter
6 C-2 CUPD Development Standards Comparison Table
CAREFREE CROSSING C-2 CUPD NARRATIVE
PURPOSE OF REQUEST
This request is for a C-2 Commercial Unit Plan of Development ("CUPD") without a
Precise Plan of Development on approximately 17.253 acres located at the northeast corner of 7 th
Street and Carefree Highway, which is in District 3 of Maricopa County, Arizona (the "Site").
An aerial photograph of the Site is provided at Exhibit I.
A portion of the Site (approximately 8.9 acres) is currently in the review process for a
Special Use Permit or "SUP" (Case No. Z2015014) which, if approved, will permit indoor self-
storage and RV/boat/trailer storage. "Trailer" spaces include horse trailers, travel trailers, toy
haulers and the like. A drainage channel (width and details under review) will be constructed
along the north and east portions of the Site to convey offsite drainage flows around the Site.
The 17.253 acre Site is shown on the Zoning Exhibit provided at Exhibit 2.
REQUESTED USES VVITIHN THE C-2 CUPD
This C-2 CUPD requests certain C-1 and C-2 "low water demand" uses that can
adequately be served by an onsite septic system. The system will meet all of MCESD standards
(per AAC R18-9-A309.7a) which provides in part:
"Flows to the facility consist of typical sewage and do not include any motor
oil, gasoline, paint, varnish, solvent, pesticides, fertilizer, or other material not
generally associated with toilet flushing, food preparation, laundry or personal
hygiene."
To ensure only low demand water users will be potential tenants/end users on the Site,
until such time as non-septic sewer service is available to the Site, we request approval of the C-
1 and C-2 uses listed in Column 41 of the Prohibited and Permitted Land Use Table attached
at Exhibit 4.
Further, we request that a Stipulation be adopted to automatically allow all C-1 and C-2
permitted uses without further application, action or hearing upon the Site being connected to
non-septic sewer infrastructure (see Column #2 of the Prohibited and Permitted Land Use Table
at Exhibit 4). Notwithstanding the automatic allowance of the permitted uses shown on Column
#2 upon connecting to non-septic sewer infrastructure, the "Prohibited Uses" in Column #3 of
the Prohibited and Permitted Land Use Table at Exhibit 4 will not be allowed on the Site
irrespective of whether non-septic sewer service becomes available to the Site.
ZONING, COMPREHENSIVE PLAN AND AREA PLAN DESIGNATIONS
The vacant 17.253 acre Site is currently zoned Rural-43. This Site is designated
"Commercial" on the Maricopa County Comprehensive Plan and is within the boundary of the
New River Area Plan ("Area Plan" or "Plan") which designates the site as Commercial Retail
Center ("CRC") and within a Commercial Node. The Site is also within the Carefree Highway
Scenic Corridor Study Area ("Carefree Highway Study" or "Study"). Although the 1999 Area
Plan and the 2008 Carefree Highway Study differ from each other in some respects, the Plan and
Study share numerous fundamental goals and guidelines.
This C-2 CUPD application supports the following goals of the Carefree Highway Study:
Land Use Goal 1 - The Site is identified as being appropriate for smaller scale commercial, retail,
office and other uses within a multi-commercial node. The Study encourages appropriately
designed screen walls (where necessary) and no more walls than is necessary for appropriate
screening. Here, we are requesting that screen walls not be required between individual pads on
the Commercial Retail portion of the Site; however, screen walls will be provided where
appropriate on the perimeter of the Site to screen the development and parking areas from the
surrounding roadways. Screen walls will not be required along either side of the drainage
channel.
Land Use Goal 2 — The Commercial Retail portion of the Site is expected to be predominately (if
not exclusively) one-story commercial, retail, office and service providers. Thus, the Study's
desire for preservation of views is being honored. The Study encourages an open space buffer
and significant building setbacks along Carefree Highway. As is shown on Plan Li attached
at Exhibit 3, significant saw toothed landscape buffers and corresponding minimum building
setbacks are being requested as a part of this CUPD that will provide significant building
setbacks along Carefree Highway. This CUPD does not include any residential development.
Furthermore, as is shown on Plan Li Exhibit 3, per discussions with Staff, this CUPD limits
commercial access to the three locations that are shown on Plan Ll. This CUPD also recognizes
that only the middle driveway to/from the Carefree Highway will be full directional; whereas,
the east and west driveways will be limited to right in/right out. As is recommended by the
Study, on-site lighting will be restricted to low levels with appropriate shielding so all on-site
lighting will be compliant with applicable Dark Sky Standards. All on-site signs will use colors,
materials and illumination that are compatible with the natural environment. All utilities (under
69KV) will be installed underground.
Land Use Goal 4 - A wide variety of small-scale commercial retail, service and office uses are
identified as recommended land uses. This C-2 CUPD application supports this Land Use Goal
by provided exactly those types of uses. The Commercial Retail portion of the Site will provide
close-to-home, non-regional, relatively small scale and compatible developments that will be
attractively designed, low profile and beneficial to local residents and businesses.
Land Use Goal 5 - The Study encourages non-regional users that are not "big box" and
encourages a series of smaller users rather than "commercial strip." This C-2 CUPD application
is proposing uses that are one-story, neighborhood type uses.
Land Use Goal 6 — Other than a public sewer system, the Site has the necessary infrastructure
and services available to serve the Site, including water, emergency services, and roadway
improvements. Individual onsite septic systems (one per development) will be located on the
Site. The septic system will, be abandoned if/when sanitary sewer services become available to
the Site.
Transportation Goal 41, 2 & 3 - The Study discourages direct access to Carefree Highway for
"residential" uses. This CUPD does not include any residential developments.
This C-2 CUPD application supports the following goals of the New River Area Plan:
Policy ED1.1 — The Plan encourages commercial development only when its demand can be
justified and with the provision that construction will be completed on the proposed facilities
within a specified time period. There is significant demand for indoor self-storage and
RV/boat/trailer storage and other neighborhood commercial retail uses at this location. We
anticipate the indoor self-storage and RV/boat/trailer storage facility will begin as soon as we can
obtain a SUP and all applicable construction permits.
Policy ED1.3 — The Plan discourages strip commercial development. This C-2 CUPD application
supports this Policy by providing close-to-home, non-regional, relatively small scale and
compatible developments that will be attractively designed, low profile, well buffered, and
beneficial to local residents and businesses.
PHASING
The approximately 17.253 acre Site will be a phased development with Phase I probably
being the indoor self-storage and RV/boat/trailer storage facility and later phases including
multiple commercial retail pads along the Site's Carefree Highway frontage. The Commercial
Retail portion of the Site will develop in multiple phases pursuant to market demand and
development/construction efficiencies that will be determined during Precise Plan(s) review of
the Commercial Retail Site.
ACCESS AND TRAFFIC
The Site will have access on 7 th Street (minor arterial) and 10 th Street, as well as access
on Carefree Highway (principal arterial). A Traffic Impact Statement has been included for
review with the pending SUP application.
RELATIONSHIP TO SURROUNDING PROPERTIES
The property to the north is zoned RU-43 and includes a church and rural, large
residential lots with limited onsite improvements. The property to the east is zoned RU-43 and is
vacant. The property to the south is zoned C-2 with a portion developed with existing retail
commercial uses and a portion that is vacant land. The property to the west is zoned C-2 with an
existing gas station, fast food restaurant, and some vacant land. As is discussed above in the
context of the New River Area Plan and the Carefree Highway Scenic Corridor Study, the
Commercial Retail portion of the Site will provide close-to-home, non-regional, relatively small
scale and compatible developments that will be attractively designed, low profile and beneficial
to local residents and businesses -- as will the SUP (storage) facility.
COMMUNITY FACILITIES AND SERVICES
There will be no residential development (other than the on-site manager at the SUP Site)
on this 17.253 acre Site if this application is approved. The Site is currently zoned Rural-43.
This rezoning to C-2 CUPD will allow commercial land uses that will generate increased on-site
property taxes and generate other revenues that will help fund schools and other amenities.
Further, this commercial development will not have any negative impact on any school district
parks or other amenities in the area.
PUBLIC UTILITIES AND SERVICES
Water: Town of Cave Creek. A "Will Serve" letter is attached at Exhibit 5.
Sewer: Individual onsite septic systems (one per development) will be located on the Site. The
septic systems will be abandoned if/when sanitary sewer service becomes available to the Site.
Police: Maricopa County Sheriff's Department
Fire: Daisy Mountain Fire Department
DEVELOPMENT STANDARDS CHART
The C -2 CUPD Development Standards Comparison Table is attached at Exhibit 6.
CONCLUSION
This C-2 CUPD Application establishes uses and other criteria that are appropriate for the
Site and compatible with the sunounding area. Approval is requested.
Exhibit 1
Exhibit 1
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ZONING 751,522 /1. North 100' - 1 Z2015013
(17253 MOUT 1 /
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PROPOSED 2015
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Exhibit 3
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20330 3-23-2016
rrn EXHIBIT'
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Carmel 14067 014 12-2-2015 4-7-2016
"ONING
HIGI-M4Y Ono" 1/303 celled Landscape rbilh 5-1-2015 Z2015013
1 GMM.Pr.prass IS - /
Table where Revised
. Itrgr =irgalopitral=42 13. 0+47(5453 Plan Sif 11-2-2015
GRSIJUDMOYEITS 3, Meknes
Comenuncl RYP- 25'
CAREFREE E'er'ar: PAP. min 5434741
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Euthenics 17
Archgecture
Exhibit 4
Exhibit 4
PERMITTED AND PROHIBITED LAND USES
Column 1 Column 2 Column 3
C-1 & C-2 USES WITH SEPTIC C-1 & C-2 USES WITH PROHIBITED USES
SEWER
All C-1 & C-2 Uses with Septic
Accessory buildings & uses customarily
incidental to the above uses. Renewable
energy systems are not permitted as a
primary use but may be permitted as an
accessory use as set forth in Section 1206 of
this Ordinance. Where renewable energy
systems involve the generation or storage
of electricity, only grid-connected or off-
grid systems are permitted.
Antique shops
Arcades
Art galleries
Art metal and ornamental iron shops
Automobile laundries, provided
steam cleaning is confined to a
building
Automobile parts & supplies
Automobile repair shops and garages,
including an outside vehicle storage
area to be used for vehicles under
repair which shall be completely
screened from any street or
surrounding property, and further
provided all repair operations are
conducted within a building
New and used, automobile and golf cart New and used, automobile and golf
sales, and rentals provided all sales cart sales, and rentals provided all
activities are conducted within a building sales, service and repair activities are
conducted within a building
Awning and canvas stores
Bakery shops for sales of products prepared Baking on the premises for on-site
off site only sales only
Banks
Barber & beauty shops
Bars, including retail sales of package
goods for off-site consumption,
provided that there is no
entertainment of music or audible
off-site
Health spas and public gyms
Blueprint, Photostat and reproduction
(copy) services
PERMITTED AND PROHIBITED LAND USES
Column 1 Column 2 Column 3
C-1 & C-2 USES WITH SEPTIC C-1 & C-2 USES WITH PROHIBITED USES
SEWER
Boat sales, including an outside display Boat sales, including an outside
area, provided all sales activities are display area, provided all sales and
conducted within a building repair activities are conducted within
a building
Books, stationery & gift shops Adult oriented facilities -
books, stationary and gift
shops
Business schools
Cabinet and carpenter shops
Candy shops for sales of products prepared Manufacturing of candy on the
off site only premises for on-site sales only
Catering establishments not utilizing
any manufacturing process or outside
storage of materials or vehicles
Churches & house of worship, including
accessory columbariums provided that the
building area of the columbarium shall not
exceed 10% of the total building area of the
church building(s)
Cleaning agencies, laundry agencies, Cleaning agencies, laundry agencies,
pressing establishments, provided there is pressing establishments & self-service
no cleaning of clothes on the premise laundries or self-service dry cleaning
machines, provided there is no
cleaning of clothes on the premise
Clock & watch repair shops
Clothing & dry good shops, including
clothing & costume rental
Conservatories or studios: Art, dancing or
music
Craft & hobby shops, with incidental craft
or hobby instruction only
Day nurseries & nursery schools,
playground & playground equipment which
shall be screened from any adjoining rural
or residential zoning district
Delicatessen shops
Department stores
Dress shops
Drive-in restaurants and refreshment
stands
Drugstores & soda fountains
Electrical fixtures and appliance sales,
repair and service
PERMITTED AND PROHIBITED LAND USES
Column 1 Column 2 Column 3
C-1 & C-2 USES WITH SEPTIC C-1 & C-2 USES WITH PROHIBITED USES
SEWER
,
Feed stores, inside storage only
Privately owned or operated stations for
fire protection, police or security service,
ambulance or other emergency service
providers
Florist shops
Furniture stores including: new, used,
finished or unfinished merchandise
Gardens and community gardens
Gas (butane or propane)I, retail sales of
Gasoline service station, provided all
incidental repair work is conducted
wholly within a completely enclosed
building & space required for such
repair work does not constitute more
than 60% of the floor area.
Grocery stores and meat markets No slaughtering of animals or
poultry on the premises
Hardware shops
, Hospitals
Hotels, resorts, motels
Household appliance shops
Ice cream shops Manufacturing of ice cream on the
premises for on-site sales only
Interior decorator shops
Jewelry shops
Key, locksmith or gun shops
Laboratories, medical or dental
Liquor stores
Liquor stores limited to retail sales of
package goods for off-site consumption
Medical clinics and surgical hospitals for Medical clinics and surgical hospitals
farm animal (horse, cattle and other farm for farm animal (horse, cattle and
animal)— No floor drains allowed other farm animal)
Medical Marijuana
Dispensary Facilities as
defined in MCZO Chapter 2
Nurseries, flower and plant sales, provided
all incidental equipment & supplies
including fertilizer and empty cans, are kept
within a completely enclosed building or
within an area enclosed on all sides by a
solid fence or wall at least 6' in height and
no goods, materials or objects are stacked
PERMITTED AND PROHIBITED LAND USES
Column 1 Column 2 Column 3
C-1 & C-2 USES WITH SEPTIC C-1 & C-2 USES WITH PROHIBITED USES
SEWER
higher than the fence or wall so erected.
Offices
Paint and wall paper stores
Parking lots and public garages, subject to
parking standards in MCZO Chapter 11
Pet shops, including the treatment or
boarding of cats, dogs or other small
animals
Photographer's and artist's studios
Plumbing shops
Pool halls or billiard centers
Precision, optical and musical instrument
repair shops
Private clubs &fraternal organizations
Private schools operated as a commercial
enterprise
Public facilities such as libraries, museums,
parks, playgrounds, community buildings
including police stations, post offices and
other community service buildings used for
non-commercial non-profit purposes
Public schools: elementary, high school &
college
Precision, optical and musical instrument
repair shops
Radio & television broadcasting stations &
studios, but not including transmitter
towers & stations
Radio and television shops, including repair
Rental services: household, lawn, garden,
sickroom or office equipment
Restaurants & cafes, including patios,
with or without cocktail lounges,
provided there is no entertainment or
music audible off-site
Restaurants and cafes, including
drive-thru service with no outside
eating facilities, but not including
those having dancing or shows, or
drive in car service. The sale of
alcoholic beverages for on-site
consumption only may be permitted
as an accessory use subject to the
following requirements: a) the
PERMITTED AND PROHIBITED LAND USES
Column 1 Column 2 Column 3
C-1 & C-2 USES WITH SEPTIC C-1 & C-2 USES WITH PROHIBITED USES
SEWER
kitchen facilities in the restaurant
shall be no less than 20% of the floor
area. (b) The floor plan of the
restaurant shall be approved by the
Planning & Development Dept.
Retail stores
Secretarial or answering services
Self-storage facilities
Service to the public of water, gas,
electricity, telephone, cable television A&
sewage including wastewater treatment
plants. The foregoing shall be deemed to
include attendant facilities &
appurtenances to these uses, including,
without limitation, distribution, collector
and feeder lines, pumping or boosting
stations along pipelines, and substations
along electric transmission lines.
Shoe repair shops
Tailor shops
Taxidermists
Temporary construction administration
offices/yard complex, which may include a
security office or residence for a security
guard provided that the following
conditions are met: (a) the uses are only
associated with the developer/ owner &
subdivision or project in which they are
located. (b) Upon sale of the development,
cessation of the need for the use (95%
buildout), or cessation of the use, all
structures, modifications to structures and
uses related to the temporary facility
removed. (c) Those uses of structures
allowed shall meet all building code
requirements. (d) All items stored onsite
shall only be those required for the
construction on site. (e) The allowed uses
may encroach into setback areas. (f) All
necessary permits must be issued prior to
placement on the site.
Theaters, but not including a drive-in
theater and adult-oriented facilities
Tinsmith shops
PERMITTED AND PROHIBITED LAND USES
Column 1 Column 2 Column 3
C-1 & C-2 USES WITH SEPTIC C-1 & C-2 USES WITH PROHIBITED USES
SEWER
Trade school
Upholstery shops
Variety or notion stores
Veterinary hospitals, clinics and kennels for Veterinary hospitals, clinics and
dogs, cats and small animals - No floor kennels for dogs, cats and small
drains allowed animals
Video rental stores
Any use permitted in the R-5 Multi-
Family Residential Zoning District
Exhibit 5
Exhibit 5
October 22, 2015
Mahoney Properties
5210 N. Central Ave., Suite 102
Phoenix, AZ 85012
Attention: Pat Mahoney
Dear Mr % Mahoney:
This letter is to notify you that the following parcel numbers, 211-52-014A, 2.i1-2-
013A and 211-52-015A are located within the Cave Creek Water service area, and can
be provided with water from the Cave Creek water system. In order to receive water
service at the property, the following requirements must be met:
▪ The property owner must sign a Utility Service Agreement with the Town. A
legal description of the property will need to be provided by the property owner
to be included in the Utility Service Agreement
• The property owner must pay the Water SerVice Fee, as well as meter fees, and
account setup fees. These fees are will be included as an attachment to the
Utility Service Agreement.
• If a water line is not immediately adjacent to the property, the property owner is
responsible for having the water line designed and installed by a licensed
contractor, all at the property owner's expense. All design and construction work
requires Town of Cave Creek UtlittleS Department approval. The property owner
is also responsible for the installation of service lines and meter boxes to service
the property.
Please contact Dave Snow, Assistant Utilities Manager for the Town of Cave Creek, at
480-488-6620, with future correspondence regarding this matter,
Sincerely,
Town of Cave Creek
vid Snow, Assistant Town Engineer
DS:bb SVEN/ ONO? COUNTS
TOWN OF CAVE CREEK LITFLITIES DEPARTMENT
BOX 1,50, CAVE CREEK, AZ 86827 - BILLING: 480437-8582 OR 480-488;6617
Exhibit 6
Exhibit 6
C-2 CUPD Comparison Table
Regulation Base Zoning C-2 Carefree Crossing C-2 CUPD
Height (max.) 40'/ 3 Stories 25' / 2 Stories
25 or
Staggered front yard setbacks adjacent to Carefree
Front yard (min.) 10' Hwy as follows: 40, 50', 55' and 60' (see Zoning
Exhibit for setback locations)
Side Yard (min.) 10' 0'
10' or
Staggered street-side setbacks adjacent to
Street Side Yard (min.) 10' Carefree Hwy as follows: 40', 50', 55 and 60' (see
Zoning Exhibit for setback locations)
Rear Yard (min.) 25' 10' or 0' adjacent to drainage channel
Lot Area (min.) 6,000 sq. ft. 6,000 sq. ft.
Lot Width (min.) 60' 60'
Lot Coverage (max.) 60% 60%
Maricopa County
Environmental Services Department
Water and Waste Management Division
Subdivision Infrastructure & DATE; August 17, 2016
Planning Program
Phoenix, 1001 N. Central Arizona Avenue 85004 #150 TO: Rachel Applegate, Planning & Development Dept.
Phone: (602) 506-1058 Planner
Pax: (602) 506-5813
TAD 602 506 6704 FROM: Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: Carefree Crossing Rezone; Z2015013
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 approval of rezoning a 6.38 acre
site on the northeast corner of Carefree Highway and 7 th Street from RU-43 to CS for a
proposed retail/commercial center. According to the documents submitted, potable water will
be provided by a private water company, and wastewater service will be by septic system(s).
Septic systems in this area are not consistent with the Carefree Highway Scenic Corridor
Study; however the Planning Department has indicated a willingness to allow septic systems
for low intensity commercial use on a case-by-case basis. The project is located in the
Urbanized Unincorporated Area and will exceed one acre in size, and will therefore, be
regulated by the Maricopa County Stormvvater Quality Program.
Based on the above, MCESD raised objections to the Planning & Development Department
in Accela Automation on August 17, 2016.
Assuming the Board of Supervisors approves the applicant's request to deviate
from the Carefree Highway Scenic Corridor Study requirements which do not
allow septic systems within the Scenic Corridor, the project is subject to the
following stipulations:
Stipulations:
1. The onsite septic system designs will be submitted to MCESD for approval.
Wastewater discharge will consist of typical sewage only, and will not
include any motor oil, gasoline, paint, varnish, solvent, pesticide, fertilizer,
or other material not generally associated with toilet flushing, food
preparation, laundry, or personal hygiene (AAC R18-9-A309.7a).
2. For this zoning case the revisions of no floor drains allowed for the
Veterinary hospitals, clinics and kennels for dogs, cats and small animals.
3. Medical clinics and surgical hospitals for farm animal (horse, cattle and
other farm animal) — No floor drains allowed.
4. The owner will abandon the septic systems and connect to a public sewer
system when one is available, and participate in a fair share of the public
sewer system funding.
Water and Waste Management
Division
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue ff150
Phoenix, Arizona 85004
Phone: (602) 506-0376
Fax: (602) 506-5813
TDD 602 506 6704 5. 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
(SWPPP) and obtain approval by MCESD prior to construction. (A separate
submittal to MCESD is required.)
6. Upon completion of construction, the owner shall fulfill MCESD post-
construction permit requirements. This will include appropriate operation
and maintenance requirements.
7. The property will be developed according to the permitted and prohibited
land uses table.
For more details, please see the table for Permitted and Prohibited Land Uses.
It should be noted that several other Maricopa County agencies must review this project.
Final approval authority for this project rests with the Maricopa County Board of Supervisors.
Mancopa County
Planning & Development Lepartment
Date: June 3, 2016
Kevin Bischel, P.R.
Planning 501 North &Development 44th Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Phoenix, Arizona 85008 Development
Phone: (602) 372-0966
Fax: (602) 506-8762
www.marieopa.gov/planning email address: Attn: Rachel Applegate, Planner, Planning & Development Services
kevinbisthelgriall.maricopa.gov
Via: Bob Fedorka, P.E., Drainage Engineering Supervisor, Development
Services
From: Kevin Bischel, P.E., Drainage Engineer, Development Services
Subject: Z2015013 — Carefree Crossing Rezone to C-2 CUPD
APN: 211-52-015A and 211-52-013A
I have reviewed the application materials for the subject application, date stamped
May 09, 2016. Engineering Plan Review (Drainage, FCD & MCDOT) has no
comments or objections to the subject rezoning request.
Please contact me if you have any questions or require any additional information.
Mark opa County
Department of anetgency Management
DATE: June 21, 2016
5630 East 2v1cDowe1.1Roa-cl TO: Rachael Applegate
Phoenix, Arizona 85008-3403
Fax: Phone: (602) (502) 275-1638 2734411 FROM Julie Syrmopoulos, Planning/Communications Manager
Tr: (604 244-1638 VIA: I16.telfa Sheridan, Emergency Services Planner
RE: Carefree Crossing Rezoning (Z2015013) & Special Use Permit
(Z2015014)
The Maricopa County Department of Emergency Management (iV1CDEM) has
reviewed the most recent "Carefree Crossing Special Use Permit & Zone
Change" application re,submittal dated May 6, 2016. th The site is located on
approximately 17 acres at the northeast corner of 7 Street and the Carefree
Highway.
The request seeks a Special Use Permit (SUP) for an indoor self-storage and
an outdoor RV/boat/trailer storage area on the north half of the site to be
developed in two phases. Phase I (Lot '1 & 2) includes 58,706 sq. ft. of indoor
self-storage (about 354 units of various sizes) and approximately 40 covered
and 42 uncovered RV/boat/trailer storage spaces. Phase 1 also includes 7 th
Street access and emergency access from/to Carefree Highway, drainage
channel construction along the north and east perimeters, leasing office/site
managers living quarters along 7 th Street, and parking adjacent to the eastern
drainage channel.
Phase 2 (Lot 3) will be developed for low water commercial land uses if septic
systems are used; or higher water land uses if/when connected to sewer. This
commercial development with also serve to screen the self-storage facility from
Carefree Highway.
IVICDEM has three areas of comment/concern:
. 1) Usages within Floodway - While permitting uses in the floodplain comes
under the authority of Planning and Development and/or the Flood Control
District, Emergency Management simply notes concern with any outdoor
storage or usage within the floodway which may complicate flows with debris
or hazardous materials.
2) Emergency Preparedness - We recommend that all businesses have an
emergency plan. Such a plan should address how the business will serve its
Malicopa County June 21, 2016
Department Management of Emexgenq Carefree Crossing Z2015013 and Z2015014 (Special Use Pennit)
5630 E. McDowell Road 2
Ptioenix, AanDIN. 85008
Phone: (602) 2734411
Fax: (602) 275-1658 customers before, during and after disaster, and what it will do if employees or
customers cannot access the site because of blocked or damaged roads.
3) Storage of Hazardous Materials: Retail sales of gasoline and/or other
uses subject to Section 311 of the Emergency Planning and Community Right-
to-Know Act (EPCRA) as mentioned in our memo dated February 13,2015.
We appreciate the opportunity to review development proposals. Effective
mitigation planning helps communities in Maricopa County become more
sustainable and disaster-resistant by breaking the cycle of disaster damage,
reconstruction, and repeated damage.
If you have any questions regarding the above information, please contact
Stella Sheridan at (602-273-1411.
Rachel Applegate - PLANDEVX
From: Ian Thompson - SHERIFFX
Sent: Wednesday, May 27, 2015 11:54 AM
To: Rachel Applegate - PLANDEVX
Subject: RE: Carefree Crossing - 2nd Revision - Z2015013 - Zone Change
Follow Up Flag: Follow up
Flag Status: Flagged
Rachel: The Sheriffs Office does not have any objections to the zone change request submitted by the applicant.
Thanks,
Ian
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.
From: Rachel Applegate - PLANDEVX
Sent: Wednesday, May 27, 2015 11:36 AM
To: talan.stephenson©phoenix.gov'; 'clovevalley©Iycos.coml; AlanftNRDHCA.com ; iplan-dev@NRDHCA.com 1;
behomes@q.com ; Toothillsfocus©qwestnet; 'mark.nichols©dmfd.org `; 'Rerickson@azdot.gov`;
'pghno1inaz©hotmail.comr; icarefreecarriage@nnsn.corn';Ikhearty©aamazxorn'
Cc: 'Lyle Richardson'; Bob Fedorka - PLANDEVX; Souren Naradiklan ENV)(; Wendy Downing - PLANDEVX; Julie
Syrmopoulos EMERMGTX; Stella Sheridan - EMERM6 IX; Ian Thompson - SHERIFFX; Rachel Applegate - PLANDEVX
Subject: Carefree Crossing - 2nd Revision - Z2015013 - Zone Change
Reviewing Agencies,
Attached with this e-mail includes the application materials received for Carefree Crossings Zone Change Z2015013.
Please send review comments to me as soon as possible, this project is not scheduled for a secondary Technical Advisory
Committee Meeting.
If you have any questions, please feel free to give me a call.
Thank you,
,oc4er1epiegate
Senior Planner
Comprehensive Planning Division
Maricopa County Planning and Development
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
Office: 602-372-0318
Fax: 602-506-3711
rachelappleoatenmail.maricopa.gov
www.maricopa.gov/plannino
Your feedback is important — Click HERE to let us know!
1
Daisy Mountain Fire Department
515 E. Carefree Hwy., P1V1113 385 EI Phoenix, AZ 85085
Office (623) 465-7400 I: Fax (623) 465-7632 Ei www.DaisyMount9i -nFire.org
Carefree Crossing Special use permit Review. Z20155013
The Daisy Mountain Fire Department has reviewed the Carefree Crossing preliminary
site plan and has the following comments for the proposed RV storage.
1. Propane storage will require a permit. 105.7
2. Additional Access required (2 total). One access may be an emergency access
only with apparatus access road, 503
3. Access Gate designs require Fire Dept. approval and use of the Knox system. 503
4. On-site fire hydrants shall be provided and locations approved. 508
5. Submittals for Fire Permits required. Information regarding submittals attached,
Daisy Mountain Fire Prevention
Fire Marshal
For Questions or Information
fire.marshaWcimfd.org
(602) 909 - 2441
Man Review Requirements
All plans and specifications for new commercial construction, remodeling, and alterations or Operational Permits
within the Daisy Mountain Fire District (DMFD) shall be submitted to the Department for review and approval
prior to any construction or operations. The plans will be reviewed with the approval and recommendations
forwarded to the Maricopa County Planning and Development. Plans to comply with the 2003 I.F.C. Submittal
information shall include, but is not limited to the following:
I. A copy of the Maricopa County Building Permit.
2. A copy of the county approved drawings including all buildings, fire lanes and access roads.
3. Plans for Fire Protection Systems require an Engineering or N.I.C.E.T. approval.
4. Fire Flow requirements for the building and Fire Protection Systems required.
5. Drawing sheets to be the same size ("C" Size 24x36 preferred.) Electronic submittal may be acceptable
depending on format.
6. A single 8-1/2 x 11 drawing of each buildings floor plan showing exit routes, occupant load and
intended use of each room.
7. Show the location of the main Fire Alarm control panel, Knox lock box, and Fire Sprinkler risers.
8. Drawing that shows the location of Emergency lighting and Exit signs, fire extinguisher locations,
Emergency Operation plan and the Occupant load signs.
Daisy Mountain Fire Department.
DaisyMountainFire.org
New River/Desert Hills Community Association, Inc.
PO Box 75068
Phoenix, AZ 850874000
NEW RIVER/ Phone 602-432-2800
DESERT HILLS Fax: 623-465-1177
Website: www.NRDHCA.ORG
COffifinatil4 Association, Inc. President's email: Alan@NRDHCA.com
May 16, 2016
Rachel Applegate
Maricopa County Planning and Development
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Dear Rachel Applegate,
The New River/Desert Hills Community Association (NR/DHCA) board has a quorum for the following
recommendation:
• Z2015013 Carefree Crossing Zone change (4th Set of Revisions) Recommendation: Denial
• Z2015014 Carefree Crossing Special Use Permit (4th Set of Revisions) Recommendation: Denial
The board would also like to have any updates/revisions to these cases.
Regards,
/971'rt-
Ann Hutchinson
Planning and Development Liaison
New River - Desert Hills Community Association
PO Box 75068
Phoenix, AZ 85087-1000
Email: behomesPq.com
www.nrdhca.org
623-742-6514
Attachment: Consultant's analysis
PAUL 11. McALLISTER
201 W. Circle Mountain Road
New River, AZ 85087
Date: May 14, 2016
To: NR-DHCA Board
Review By Date: May 18, 2016
Case: Z2015013 ZONE CHANGE + CUPD (Commercial Unit Plan of Development), Revised.
Related Case: Z2015013 - various revisions since February 2015.
Planner: Rachel Applegate, Senior Planner.
Type case: fl TAC BOA IX P&Z Other:
Meeting Date: no meeting date set
Property Location: North/East corner of Carefree Hwy & 7 th Ave. APN# 211-52-013A, 211-52-014A, 211-
52-015A. Maricopa County Assessor indicates 719,437 sq. ft. or 16.516 acres; Narrative indicates 751,522
sq. ft. 17.253 acres. Only a survey will establish a true area.
Developer: Pat Mahony, Jim and Catherine Mahoney, Arizona Commercial Real Estate SVS 5210 N. Central
Ave, Suite 102 Phoenix AZ 85012.
Owner: APN# 211-52-013A Mahoney Donald J Jr. / Cathernie T Tr, APN# 211-52-014A & 211-52-015A
IV1P9365 McKemy LLC as shown on MC Assessor maps. Narrative: indicates owners as Pat Mahony, Jim
and Catherine Mahoney, Arizona Commercial Real Estate SVS 5210 N. Central Ave, Suite 102 Phoenix AZ
85012. Agent to owner on application: Lyl S. Richardson, 7356 N. Camino Sin Vagas, Tucson AZ 85718.
Current Zoning: RU -43. Current Use: Vacant.
Request for: Zone change from RU-43 to C-2 CUPD without Precise Plan of Development
Background The application request a Zone Change (RU-43 to C-2 CUPD) for the 3 parcels, located at the N/E
corner of Carefree Highway and 7 th Street and the rerouting of an existing wash along the north and east
property lines. New River Area Land Plan, Carefree Highway Scenic Corridor Study (CHSCS), and proposals
for the Daisy Mountain Area Plan designate these parcels for commercial.
Opinion: Zone Change from RU-43 to C-2 CUPD fits the Area Plans (current and proposed) and CHS CS and
complies with the zoning ordinances and other department manuals. The narrative does indicated the applicant
will comply with the Dark Sky Standards.
The problems I see is with this request is
• Allowing customers (the public) to cross Carefree Highway to turn left into the east-bound lanes (a
dangerous situation). Carefree Highway is currently a divided four (4) lane highway, slated to be six
(6). This is the primary reason for my recommending denial.
• Has a commercial facility on septic
• Difficulties related to the rerouting of the flood-way that crosses the parcel.
• Lack of a drainage plan
• Does not meet the setbacks set in the CHSCS.
Recommendation: VI Denial Approval Other
Sincerely,
Paul H. McAllister
Rachel Applegate - PLANDEVX
From: Vanessa Nunez <VNunez@azdot.gov >
Sent: Thursday, May 28, 2015 7:39 AM
To: Rachel Applegate - PLANDEVX
Cc: Richard Erickson
Subject: FW: Carefree Crossing - 2nd Revision - Z2015013 - Zone Change
Attachments: Z2015013 Application Narrative.pdf; 001 A1-Lll.pdf; 003 L-1.pdf; Z2015013 2nd
Routing.pdf
Good morning Ms. Applegate,
Thank you for the opportunity to review the subject request for a zoning change. Please know the location is more than
1/4 mile from one of our transportation corridors and we also remain neutral regarding any requests for changes in
zoning. Thank you.
Vanessa Nufiez
On behalf of Richard Erickson, ADOT Manager Right of Way Project Management Section
Vanessa Nufiez
R/W Administrative Assistant II
205 South 17th Avenue, MD 512E
Phoenix, Arizona, 85007-3212
602.712.7184
www.azdot.gov
Arior
intainotiriai Transportation
From: Richard Erickson
Sent: Wednesday, May 27, 2015 5:14 PM
To: APPLEGATER@mail.maricipa.gov
Cc: Vanessa Nunez
Subject: FW: Carefree Crossing - 2nd Revision - Z2015013 - Zone Change
Thank you for the opportunity to review the subject request for a zoning change. Please know the location is more than Y4
mile from one of our transportation corridors and we also remain neutral regarding any requests for changes in zoning.
From: Rachel Applegate - PLAN DEVX [mailto:APPLEGATER©mail.maricopa.govi
Sent: Wednesday, May 27, 2015 11:36 AM
To: 'alan.stephenson©phoenix.gov r; rdovevalley@lycos.comr; Alan(aNRDHCA.conn; lplan-dev©NRDHCA,comi;
behomes0q.com ; Ifoothillsfocus@gwest.net'; `mark,nichols@dmfd.orgl; Richard Erickson; rpghnolinaz@hotmail.coml;
'carefreecarriage@rnsn.comr; Ichearty@aamaz.com `
Cc: 'Lyle Richardson'; Bob Fedorka - PLANDEVX; Souren Naradikian - ENVX; Wendy Downing PLANDEVX; Julie
Syrmopoulos - EMERMGTX; Stella Sheridan - EMERMGTX; Ian Thompson - SHERIFFX; Rachel Applegate - PLANDEVX
Subject: Carefree Crossing - 2nd Revision - Z2015013 - Zone Change
Reviewing Agencies,
Attached with this e-mail includes the application materials received for Carefree Crossings — Zone Change Z2015013.
Please send review comments to me as soon as possible, this project is not scheduled for a secondary Technical Advisory
Committee Meeting.
City of Phoenix
PLANNING AM) DEVELOPMENT DEPARTMENT
June 1, 2016
Rachel Applegate, Senior Planner
Maricopa County
Planning and Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
rachelappleaateAmail.maricoba.ciov
RE: Z2015014 (Special Use Permit)-. Carefree Crossing - 4th Revision, North of the
Northeast Corner of 7th Street and Carefree Highway
Dear Ms. Applegate,
Thank you for the opportunity to comment on the fourth revision of Special Use Permit
Case No. Z2015014. The special permit request is to allow an RV Storage facility.
Staff has reviewed the proposed special use permit and has determined that the
request is located in an area that is undesignated on the Phoenix General Plan Land
Use Map.
The site is located within the Carefree Highway Scenic Corridor and is subject to the
Carefree Highway Scenic Corridor Design Policies. This document is available on the
North Gateway Village website at httos://www.phoenix.gov/pddipz/north-qateway-
village-planning-committee.
The proposed special use permit case is not directly adjacent to Carefree Highway,
therefore is not subject to the improvements recommended by the plan. However, the
related zoning change request Z2015013 would be subject to the improvements
recommended by the plan. The Carefree Highway Scenic Corridor Design Policies
recommends the following:
1. A 120-foot setback from the centerline of Carefree Highway to contain an
undisturbed landscaped area.
2. The undisturbed landscape area adjacent to Carefree Highway should taper into
wash areas to appear to naturally blend in to the wash.
We understand that the depth of the property and drainage constraints make it difficult
to meet the prescribed design recommendation. The proposed plans show a landscape
setback ranging from 115 feet to 135 feet from the centerline of Carefree Highway,
which average out to over 120 feet and meets the intent of the design policy. We also
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003 • (602) 262-7131
recommend that the following improvements be provided by the developer of the
commercial lot immediately adjacent to Carefree Highway:
1. Provide a larger landscape transition/taper area on the northwest corner of 10th
Street and Carefree Highway to blend into the proposed drainage feature.
2. That a 10-foot wide public multi-use trail shall be constructed within an easement
in accordance with the MAO supplemental detail along Carefree Highway for the
length of the property.
Please contact Racelle Escofar at (602) 262-6949 or racelle.escolarAphoenix.gov if you
desire any additional information.
Sincerely,
Alan Stephenson,
Director
c: Josh Bednarek
Marc Thornton
Maricopa County File
200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003 • (602) 262-7131