CAREFREE CROSSINGS APPEAL 10-26-16.PDF

Planning & Development Department
DATE: October 26, 2016
TO: Board of Supervisors
FROM: Darren Gerard, AICP, Deputy Director
CASES: Z2015013 - Carefree Crossings Zone Change - PZ Agenda item - PZ-6
Z2015014 - Carefree Crossings Special Use Permit - PZ Agenda item - PZ-7
On October 24, 2016, the Planning and Development Department received Appeal of Planning
and Zoning Commission Recommendation to the Carefree Crossings Zone Change (Z2015013)
and Special Use Permit (Z2015014) from the New River/Desert Hills Community Association. The
Appeal form was received after printing of the November 2nd BOS packet. The cases will be
moved from the Consent agenda to the Regular agenda for presentation and discussion with
the Board. The applicant's counsel has been advised to address the concerns raised by the New
River/Desert Hills Community Association,
The New River/Desert Hills Community Association updated the Appeal form with additional
pages that summarizes the reasons for the Appeal. Attached with this memorandum include
includes New River/Desert Hills Community Association review comments dated October 24th
with recommendation of denial for both applications.
Attachments: Appeal of Planning and Zoning Commission Recommendation Z2015013 (2 pages)
New River/Desert Hit's Community comments Z2015013 (3 pages)
Appeal of Planning and Zoning Commission Recommendation Z2015014 (2 pages)
New River/Desert Hills Community comments Z2015014 (3 pages)
502 N. 44th Street, Suite 200 , Phoenix, AZ 85008 i, (602) 506-2364 i, (602) 506-3711 fax
>Internet: www.maricopa.gov/planning

Appeal of Planning and Zoning Commission
Recommendation
If the Planning &Zoning Commission recommends approval of a particular case it will be placed
on a consent agenda for the Board of Supervisors hearing. However, if this appeal form is
received within 15 calendar days following Commission hearing, then the agenda item will be
placed on the regular agenda for the Board of Supervisors hearing.
Submit this form to the Maricopa County Planning & Development Department:
501 N. 44th Street, Suite 200 Phoenix, Arizona 85008
Fax Number: 602-506-3711
Hours of Operation: Monday - Friday 8:00 a.m.- 5:00 p.m.
This appeal can also be submitted electronically at
- Appeal of Planning & Zoning Commission Recommendation
Please • rint clear
Case Number/ Project Name: Z2015013
Planning & Zoning Commission Hearing Date: October 6, 2016
Appellant Name: New River - Desert Hills Community Association
Mailing Address: PO Box 75068
City, State, Zip Code: New River, AZ 85087-1000
Telephone Number: 602-432-2800 E-mail: Alan@NRDHCA.com
Reason for the Appeal of the Please view attachment for explanations.
subject case:
...
Appellant Signature: • ate • October 24, 2016
L/,26:404e, .

Attachment for Z2015013
• Stipulations should disallow the uses prohibited in the Carefree Scenic
Corridor. Many of the uses listed in Condition C and Condition D are
NOT in the list of new retail and office uses be limited to those listed in
the Carefree Scenic Corridor Study.
• Any new access on Carefree Highway would be a major safety hazard
especially since it is near a very major intersection
• Concern that "Existing Wash to be rerouted into new channel." will
not address concerns raised in the September 2004 Adobe Dann/Desert
Hills Area Drainage Master Plan
• See 1'Z2015013 New River - Desert Hills Community Association
Response"
• Ingress & Egress to 7 th Street will be a nightmare do to the close
proximity to the Ingress & Egress of the Circle K across the street.
Consideration should be given to widening of 7th Street in the
Scenic Corridor 1/4 mile stretch N of Carefree Hwy with turn
islands.
• The monster 18'+ lit sign is in the Scenic Corridor and is oversized
as is the sign on the Carefree Highway oversized and not
accordance with the Scenic Corridor stipulations. These should
both be reduced in size as written for the scenic corridor.

New River/Desert Hills Community Association, Inc.
PO Box 75068
Phoenix, AZ 85087-1000
Phone: 602-432-2800
Fax: 623-465-1177
Website: www.NRDHCA.ORG
President's email: AlarONRDHCA.com
October 24, 2016
Darren Gerard, AICP, Deputy Director
Maricopa County Planning and Development
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Dear Darren Gerard,
The New River/Desert Hills Community Association (NR/DHCA) board has a quorum for the following
recommendation:
• Z2015013 - Recommendation: Denial for reasons covered in the attached analysis.
Regards,
Ann Hutchinson
Planning and Development Liaison
New River - Desert Hills Community Association
PO Box 75068
Phoenix, AZ 85087-1000
Email: behomes@q.com
www.nrdhca.org
623-742-6514
Attachment: Consultant's analysis

PAUL H. MeALLISTER
New River - Desert Hills Community Association Consultant
201 W. Circle Mountain Rd, New River, AZ 85087
Date: 22 October 2016
To: NR-DHCA, INC.
Review By Date:
Case: Z2015013.REVISED, CUPD (Commercial Planned Development).
Related Case: Z2015013 original & Z2015014.
Planner: Rachel Applegate, Senior Planner, Comprehensive Planning Division.
Type case: 111 TAC El BOA El BOS.
Meeting Date: November 2, 2016
Property Location: N/E corner of Carefree Hwy & 7 th Street, Desert Hills. Total 3 Parcels, APN# 211-52-
013A, APN# 211-52-014A, APN# 211-52-015A.
Applicant/Owner: Burch & Cracchiolo, P.A. / Donald & Catherine Mahoney, MP 9365 Mc Kemy LLC.
Current Zoning: RU-43 Current Use: Vacant.
Request for: Zone Change from Rural 43 to C-2 Commercial Plan of Development. (CUPD), on
approximately 17.25 acres of land that is now RU-43. This means RU-43 remains if the CUPD & , from the
Z2015014 request, the Special Use goes away.
Background: Originally three parcel(s) just vacant land with two washes on it. Now the owners wish to have it
rezoned to C-2CUPD with a SUP (SUP is requested in Z2015014) for the mini storage area. The reason for the
SUP is because the development does not agree with the C-2CUPD.
Approval will not be a guarantee of a building permit; many hoops will have to be negotiated before a building
permit can be issued. The site plan that we have is not totally readable but seems to show two additional curb
cuts (for future use) on to Carefree Highway. If rezoned future commercial units will be applied for and
possibly exit onto Carefree Highway.
The proposal is for low water use, I do not know what this will mean.
The applicant also requests to allow septic systems on site for commercial use, proposing that when sewer is
available connection will be made. The closes sewer is currently 4.4 miles away. This will exempt the current
owners from this need for an unknown length of time and forever if parcels sold. 4.4 miles how long will that
take?
Opinion: While the use (indoor self storage) may have benefits to the community, there are concerns with the
specifics.
This development is located in a flood zone (see concern below). This being a CUPD request its approval will
have little bearing on the actual construction. Construction approval will depend on approval of Maricopa
County Planning and Development (including Drainage) and Flood Control.
We agree with Condition D that states "At the time of each precise Plan of Development the applicant shall
demonstrate compliance with the Carefree Highway Scenic Corridor Study Design Standards." However, it
appears that some of the conditions recommended by the Planning and Development staff are contrary to the
Carefree Scenic Corridor Study.
• Any approval should, by way of stipulations, disallow the uses prohibited in the Carefree Scenic
Corridor. Many of the uses listed in Condition C and Condition D are NOT in the list of new retail

and office uses be limited to those listed in the Carefree Scenic Corridor Study. The Project
Summary on page 9 seems to recognized this but the Condition C and D do not.
• The application calls for one emergency ingress/egress to be onto Carefree Highway in addition to one
on 7th Street and one on 10th Street. The Corridor guidelines that discourages what is proposed. The
Carefree Highway Scenic Corridor Study created from a joint effort between the residents of the New
River Land Area and Maricopa County. Any new access on Carefree Highway would be a major
safety hazard especially since it is near a very major intersection (7 th Street and Carefree
Highway).
The Site Plan indicates that "Existing Wash to be rerouted into new channel". There are two washes (Desert
Lake Wash and unknown name on the property. The September 2004 Adobe Dam/Desert Hills Area
Drainage Master Plan notes that "Flows in Desert Lake Wash, Desert Hills Wash, Apache Wash, Paradise
Wash, and their tributaries impact accessibility on Carefree Highway". If the concerns and mitigation
guidelines from that study are not addressed, some other solution needs to provided. See
http://fcd.maricopa.gov/projects/ppm/downloads/adobedarnadmp/docs/09-23-
04/adobe dam handout 0904.pdf)
Even considering all of the above, if the above issues are addressed, I see no reason to recommend approval.
Recommendation: VI Denial ri Approval with stipulations LII Other
Sincerely,
Paul H. McAllister

Appeal of Planning and Zoning Commission
Recommendation
It the Planning & Zoning Commission recommends approval of a particuiar case it will be placed
on a consent agenda for the Board of Supervisors hearing. However, if this appeal form is
received within 15 calendar days following Commission hearing, then the agenda item will be
placed on the regular agenda for the Board of Supervisors hearing,
> Submit this form to the Maricopa County Planning & Development Department:
501 N. 44th Street, Suite 200 Phoenix, Arizona 85008
Fax Number: 602-506-3711
Hours of Operation: Monday - Friday 8:00 a.m. - 5:00 p.m.
This appeal can also be submitted electronically at
i Ai i,.11:, % ,,Lj.,:,:dpi.,.110
- Appeal of Planning 8 Zoning Commission Recommendation
Please prinf clearly.
Case Number/ Project Name: Z2015014
Planning & Zoning Commission Hearing Date: October 6, 2016
Appellant Name: TNew,River - Desert Hills Community Association
Mailing Address: PO Box 75068
City, State, Zip Code: New River, AZ 85087-1000
Telephone Number: 602-432-2800 E-mail: Alan@NRDHCA.com
Reason for the Appeal of the
Please view attachment for explanations.
subject case:
_
Appellant Signature: .1 1/ 41 a , / pi- , , / Date: October 24 1 2016
..- .

Attachment for Z2015014
• Some uses listed in Conditions are NOT in the list of uses in the
Carefree Highway Scenic Corridor Study. (CHSCS)
• The proposed signage and lighting conflicts with the (CHSCS)
• The MCDEM concerns are not addressed. • The proposal is so vague
that if approved as is, future development would be allowed to do
more that conflicts with the (CHSCS)
• See "Z2015014 New River - Desert Hills Community Association
Response"
• Ingress & Egress to 7th Street will be a nightmare do to the close
proximity to the Ingress & Egress of the Circle K across the street.
Consideration should be given to widening of 7th Street in the
Scenic Corridor 1/4 mile stretch N of Carefree Hwy with turn
islands.
• The monster 18'+ lit sign is in the Scenic Corridor and is oversized
as is the sign on the Carefree Highway oversized and not
accordance with the Scenic Corridor stipulations. These should
both be reduced in size as written for the scenic corridor.

New River/Desert Hills Community Association, Inc.
PO Box 75068
Phoenix, AZ 85087-1000
NEW RIVER/ Phone: 602-432-2800
DESERT HILLS Fax: 623-465-1177
Unit Website: www.NRDHCA.ORG
Association, Inc. President's email: Alan@NRDHCA.com
October 24, 2016
Darren Gerard, AICP, Deputy Director
Maricopa County Planning and Development
501 North 44th Street, Suite 200
Phoenix, AZ 85008
Dear Darren Gerard,
The New River/Desert Hills Community Association (NR/DHCA) board has a quorum for the following
recommendation:
• 22015014 - Recommendation: Denial for reasons covered in the attached analysis.
Regards,
Ann Hutchinson
Planning and Development Liaison
New River - Desert Hills Community Association
PO Box 75068
Phoenix, AZ 85087-1000
Email: behomes@q.com
www.nrdhca.org
623-742-6514
Attachment: Consultant's analysis

PAUL H. McALLISTER
New River - Desert Hills Community Association Consultant
201 W. Circle Mountain Rd, New River, AZ 85087
Date: 22 October 2016
To: NR-DHCA, INC.
Review by Date: October 26
Case: Z2015014 SUP, 4th revision, July 26, 2016
Related Case: Z2015014 Original.
Planner: Rachel Applegate, Senior Planner.
Type case: LII TAC F BOA BOS
Meeting Date: November 2, 2016
Property Location: North/East corner of Carefree Hwy & 7 th Ave. APN# 211-52-013A, northern portion of
APN# 211-52-015A. Proposal is for 387,684 sq. ft. or 8.9 acres. Only a survey will establish a true area.
Applicant / Owner: Burch & Cracchiolo, P.A. / Donald & Catherine Mahoney, MP 9365 Mc Kemy LLC.
Current Zoning: RU-43. Current Use: Vacant
Request for: Special Use Permit for mini-storage and outdoor storage uses on the C-2 CUPD zoning district
and within the Carefree Highway Scenic Corridor Study area
Background We have reviewed (1) Flood Control Department regulations, Maricopa County Zoning
Ordinances, Department of Environmental Services regulations New River Land Plan and Carefree Highway
Scenic Corridor to name a few. It is proposed to construct the development in two phases, 2n d phase as market
conditions warrant, 2 nd phase with no time limit to start when ever that may be.
The parcel (made up or two (2) separate APNs located with-in 2 (two) flood danger zone (Desert Wash &
unnamed wash). The wash does not form a canyon but does possess a drainage area. Sheet flow may be the
problem. The land is vacant at present and is undevelopable in its current state with no mitigation. The main
wash enters the parcel at the north/west portion (approx. 200 to 250 feet wide) and exits at the south/east and
Desert Wash migrates diagonally across the property in question, another wash (unnamed and smaller but of the
same nature) enters the parcel at the north/east and exits at the south/cast. This channel becomes part of the
SUP proposal. The channel proposed to be only 55 feet wide.
Part of the proposal, will allow Maricopa County to administratively approve an amendment to the SUP
relocation of the storage facilities boundary according to the recommendations of FEMA if they were to
disapprove of the rerouting of the washes.
A SUP (Special Use Permit) appears to be a necessity when applying for a CUPD (Commercial Unit Plan of
Development).
Opinion: Based on review of the application and the requirements the following concerns come to light.
As indicated in our review of the Z2014013, the uses allowed do not but should match the CSHS guidelines.
The applicant does not seem to understand the Carefree Scenic Highway Study (CSHS) post-dates the 1999
New River Area Plan and is intended to be the one that prevails in incidents of conflict. In the application
narrative, policies, goals, and strategies are mentioned from the Comprehensive Plan, the New River Area Land
Plan and the Carefree Highway Scenic Corridor Study, care was taken to mention only those that would affect
their application in a positive manor

Signage description conflicts with the CSHS.
• Proposed - wall sign 240 s. f. CSHS guideline: Commercial wall signs should not exceed a total area of
24 square feet per tenant per street front and not exceed 100 square feet in total for the site. Signs may
be internally illuminated but the source of the illumination shall not be visible.
• Proposed -3 wall signs approximately 18 sq. ft. total. If there is just the one tenant, there should be just
1 wall sign. CSHS guideline-Commercial wall signs should not exceed a total area of 24 square feet
per tenant per street front and not exceed 100 square feet in total for the site.
• Proposed - monument sign 18'8" in height double faced with internal lighting approximately 90 sq ft.
Also some reference to other freestanding signs. CSHS guideline Freestanding signs for commercial
uses should be monument type and rural in character. The maximum height of commercial freestanding
signs should be 6 feet from finished grade, and the maximum square footage of commercial freestanding
signs should be 48 square feet.
• Proposed - other signs.
Lights - there seems to be some confusion. Although the applicant says they will adhere to Dark Sky
Ordinances, the site plan does not identify the location or elevation of the light poles (mentions 16' pole height
but not elevation). However, in the MC staff report, they report "the plan states if any pole lights are proposed
the maximum heights will be 20'." CSHS guideline: The height of all lighting fixtures should not exceed 16
feet from surface grade of the parking lot.
Another concerns noted by the MC Department of Emergency Management -- uses in floodway, emergency
preparedness, and storage of hazardous materials. These are not addressed in the proposal.
It looks like a standard septic system is being allowed for storage area by Planning and Development. Septic
systems alternate location with-in flood plain and not located on plan as best as we can tell. At least condition
e.1 states that "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."
There were many departments that reviewed the proposal and most have concerns that must be addressed prior
to construction.
The existing Carefree Highway Scenic Corridor Study is in conflict with the proposal and Planning and
Development conditions. This study was the consolidation of the concerns of the local residents. Although
these are guidelines (not ordinances), it would be a large waste if only it those parts in conflict are not changed
under the proposal.
The approval of a SUP would give the developers a foothold on legality for any issue that they would disagree
with,
I can understand (experience in development) when applying for a development anything that may impact that
development in a negative manner would not be mentioned, anything negative would have to be justified or
omitted. It is for this reason that I would recommend denial of the SUP as written.
Recommendation: Z Denial pi Approval ri Other
Sincerely,
Paul H. McAllister