03. Z2015024 BOS SHORT REPORT.PDF
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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: October 21, 2015 (Continued from October 7, 2015) Case #/Title: Z2015024 – Tiensvold Special Use Permit Supervisor District: 3 Applicant/Owner: Gary Swinford/Cecilia Tiensvold Request: Special Use Permit (SUP) for a Cottage Industry. Unanimous vote required for SUP approval due to waiver of screening requirement. Site Location: Approximately 675’ north of the NEC of Pinnacle Vista Dr. and 44th St. in the Phoenix area Site Size: 0.61 acre of 2.44 acres County Island Status: Class 1 (City of Phoenix) Additional Comments: On 10/7/15 the BOS voted 4-0 to continue the case to the 10/21/15 hearing since approval requires a unanimous vote by all Board members. Commission Recommendation: On 9/10/15, the Commission voted 6-0 to recommend approval of Z2015024 subject to conditions ‘a’ – ‘i’: a. Development of the site shall comply with the Site Plan entitled “Tiensvold Special Use Permit”, consisting of one (1) full-size sheet, dated June 18, 2015, and stamped received July 20, 2015 except as modified by the following conditions. Maximum building square footage associated with this Cottage Industry and within the SUP area is limited to 800 square feet. b. Development of the site shall be in conformance with the narrative report entitled “Narrative Report” consisting of two (2) pages, dated July 10, 2015, and stamped received July 20, 2015, except as modified by the following conditions. c. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. d. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro for fire protection services for the site. October 7, 2015 Z2015024 Page 1 of 2 e. This Special Use Permit shall expire 10 years from the date of approval by the Board of Supervisors for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. f. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. 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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. i. The requirement for the solid screen wall is waived with this Cottage Industry approval. Presented by: Farhad Tavassoli, AICP, CFM, Planner Reviewed by: Darren V. Gerard, AICP, Deputy Director Attachments: 9/10/15 P&Z Packet (15 pages) Note: 9/10/15 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. October 7, 2015 Z2015024 Page 2 of 2 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2015024 – Tiensvold Special Use Permit Meeting Date: September 10, 2015 Agenda Item: 3 Supervisor District: 3 Applicant: Gary Swinford Owner: Cecilia Tiensvold Request: Special Use Permit (SUP) for a Cottage Industry Site Location: Approximately 675’ north of the NEC of Pinnacle Vista Dr. and 44th St. in the Phoenix area Site Size: 0.61 acre of 2.44 acres Density: N/A County Island Status: Class 1 (City of Phoenix) County Plan: Comprehensive Plan – Rural Development Area (0-1 d.u./ac.) Municipal Plan: City of Phoenix - Large Lot (1-2 d.u./ac.) Municipal Comments: None known Support/Opposition: None known Recommendation: Approve with conditions Agenda Item: 3 - Z2015024 Page 1 of 7 Project Summary: 1. Gary Swinford, on behalf of Cecilia Tiensvold of Corral Kraft LLC, is requesting a 10 year SUP for a cottage industry on 0.61 acre of a 2.44 acre homesite in the Rural-43 zoning district. The property is located immediately east of 44th Street, south of Dynamite Boulevard, in a one square mile county island in the north Phoenix area. 2. The proposed business is a building material storage area consisting of pipe, tubing, equipment and delivery to clients via the family owned pick-up truck and trailer. Materials will be stored and prepared for delivery to project sites in the north Phoenix area for construction of equine facilities. No construction will be done on-site. 3. Office business will be conducted in a 20’ x 40’ existing shop building located approximately 36’ from the family dwelling. The business area consists of a desk, computer/printer and hand tools required for construction use. The 800 square foot shop/office is located on the southern side of the western edge of the Special Use area. There will be no changes to the buildings and no signage will be installed. There are currently no permits for onsite improvements. 4. The perimeter of the property contains a combination of chain link and pipe rail fencing. With exception to the driveway entrance, chain link fencing runs along the western property line, and also about halfway along the northern and southern property lines. Pipe rail fences run along the eastern half of the perimeter. The residence to the south contains a wood stockade fence along the rear yard and provides visual screening. No lighting will be installed. 5. A rack system will be used to store the metal piping and tubing, and will not be more than six (6) feet in height. Delivery of storage materials to the property will occur bi- monthly. Hours of operation will be 7:00 am to 6:00 pm weekdays and consist of minimal amount of hours on the subject property as all building of corrals and mare motels will be away from the business site. Business hours on Saturday are 8:00 am to 12:00 pm. Public access is by appointment only and very limited. 6. There will be a total of three employees including Ms. Tiensvold and her son plus one employee. A family pick-up truck, trailer, and forklift will be used for job site delivery. Parking of vehicles will be at the front of the home and will be in the attached garage when not in use. 7. Article 1301.1.18 lists 16 specific requirements for a cottage industry. As it is currently proposed, approval of this SUP will require a unanimous vote by all members of the Board of Supervisors because it does not meet all 16 criteria, particularly as it relates to screening of the storage area with a block wall. Although the applicant does not address this requirement in the request, she is willing to comply with this criterion as a condition for approval. The table on the next page describes the 16 criteria and if each one is in compliance according to the request. Agenda Item: 3 - Z2015024 Page 2 of 7 Cottage Industry SUP Criterion Compliance 1. Entrepreneur shall reside in dwelling on Yes. Owner lives in dwelling. property 2. Non-resident employees not to exceed 3 Yes. There is only one non-resident employee. 3. No more than 50% floor area for business Yes. Business will occur in 800 sq. ft. detached shed. 4. Only one sign permitted. Not applicable. No signage proposed. 5. Business in enclosed building; Vehicles in Yes. Business will be in office in shed. enclosed area. Vehicles parked in garage when not in use. 6. Adequate off-street parking Yes. Client visitation to occur very infrequently. Adequate parking provided on property. 7. Outdoor storage not to exceed 25% of total No. Storage area is less than 0.61 acre, but lot area; block wall for screening. no block wall screening included in plans. 8. Provide paved access to business. Yes. Paved driveway provided between 44th Street and business area. 9. Outdoor lighting directed downward and Not applicable. No lighting will be shielded. installed. 10. SUP non-transferable. Yes. SUP only to be granted to Ms. Tiensvold. 11. Products to be displayed on racks. Yes. Racking system to display piping/tubing materials. 12. Business shall not interfere with utilities in Yes. SUP will not create disruptions to utility area services. 13. No noise, vibration, smoke, odors, etc. Yes. There will be no activity that will generate nuisances. 14. Owner shall obtain cottage industry permit Yes. Owner agrees. from Zoning Inspector. 15. There shall be no waiver from these Yes. Owner willing to meet all 16 criteria as requirements except by unanimous vote. condition for approval. 16 Recommendation may consist of Owner is open to additional requirements additional requirements. as conditions for approval. Public Participation Summary: 8. The applicant posted the property and notified all property owners within 300’ of the subject site in accordance with Maricopa County’s Citizen Review requirements. As of the date of this report, staff has not received any emails, letters or phone calls expressing opposition toward this SUP request. The owner’s representative informed staff that a few neighbors expressed support for the business. Background: 9. N/A Agenda Item: 3 - Z2015024 Page 3 of 7 Existing On-Site and Adjacent Zoning/Land Use: 10. On-site: Rural-43 / Single Family Residence North: Rural-43 / Single Family Residence South: Rural-43 / Single Family Residence East: Rural-43 / Single Family Residence West: Rural-43 / 44th Street, Single Family Residence Aerial photo and Zoning Map Agenda Item: 3 - Z2015024 Page 4 of 7 Adopted Plan: 11. Maricopa County “Eye to the Future 2020” Comprehensive Plan - designates this site as being within a Rural Development Area (RDA). This land use category denotes areas that are not described in an area land use plan. The typical uses seen are low density, rural residential and agricultural. However, cottage industry SUP is an acceptable use and considered in concert with the RDA, therefore no Plan Amendment is required. Utilities and Services: 12. Water: City of Phoenix Wastewater: On-site septic School District: Cave Creek Fire: Rural/Metro Fire Department Police: MCZO Outstanding Concerns from Reviewing Agencies: 13. None Staff Analysis: 14. The business will operate in approximately 25% of the 2.44 acre subject property. A close-up aerial view of the lot, storage area and buildings for the SUP is shown below. 15. Surrounding properties consist of large lot residential with equine uses. The location of supplies is out of site from 44th Street and adjacent properties. No signage and no additional site lighting are proposed. There are currently no zoning violations associated with the property. 16. In terms of access to the site, 44th Street has 20’ (w) of pavement from Dynamite Blvd. to the north and to Pinnacle Vista to the south. There is adequate paved driveway access for the delivery truck to enter the property, loading, turn-around and exit onto the east side of 44th Street. Agenda Item: 3 - Z2015024 Page 5 of 7 17. The storage area is screened from the neighbor to the south by a stockade fence. Although applicant does not provide plans to construct a block wall for additional screening, she is willing to construct one at 6-feet (h) in order to meet all 16 requirements for a cottage industry. This wall would be equal to the height of the racking system used to store the piping and tubing. Staff notes there is no objection from the neighbors, and thus supports waiving the solid screen wall requirement (see condition “i”). Recommendation: 18. Staff recommends the Commission motion for approval of Z2015024 with conditions ‘a’ –‘i’, for the following reasons: • Reviewing county agencies have no objections • Neighbors have expressed no objections • The use is consistent with nearby large lot equestrian facilities a. Development of the site shall comply with the Site Plan entitled “Tiensvold Special Use Permit”, consisting of one (1) full-size sheet, dated June 18, 2015, and stamped received July 20, 2015 except as modified by the following conditions. Maximum building square footage associated with this Cottage Industry and within the SUP area is limited to 800 square feet. b. Development of the site shall be in conformance with the narrative report entitled “Narrative Report” consisting of two (2) pages, dated July 10, 2015, and stamped received July 20, 2015, except as modified by the following conditions. c. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. d. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro for fire protection services for the site. e. This Special Use Permit shall expire 10 years from the date of approval by the Board of Supervisors for a period of 90 or more consecutive days, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. f. The applicant/owner shall submit a written report outlining the status of the development at the end of 5 years from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. 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 Agenda Item: 3 - Z2015024 Page 6 of 7 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, and at the time of expiration of the Special Use Permit, 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, or the expiration of the Special Use Permit, 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 or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. i. The requirement for the solid screen wall is waived with this Cottage Industry approval. Presented by: Farhad Tavassoli, AICP, CFM, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Vicinity Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (2 pages) 1st Routing Memo (1 page) MCESD comments (1 page) Engineering comments (1 pages) Agenda Item: 3 - Z2015024 Page 7 of 7 ONE MARICOPA COUNTY STOP SHOP Application Name: Cecilia Tiensvold SUP Special Use Permit Legal Description T05N R04E 031 Applicant Applicant Phone/Email Gary Swinford 602.909.5825 gdswinford@gmail.corn Z2015024 Case Address Parcel Primary: 212-18-022A 27613 N 44TH St CAVE CREEK AZ 85331 Generated Aug 23, 2015 7:53:07 PM Gross acres: 3 approx. Map scale: 1:1,315 Aerials Sep-Oct 2011 Supervisor District No. 3 HOME OCCUPATION I SPECIAL USE COTTAGE INDUSTRY IN RURAL ZONING DISTRICT Maricopa County Planning & Development - Phoenix, AZ ONE MARICOPA COUNTY ST P SHOP f!' i , t ' la '';1 I-, —... 1 1,,:. .d. 'A: I - 1 I C x g I ! 1 11 ...-,., " . .I ). I /.}. 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DA PROGRESS RLTER FARO COUNTY. KEEP' OR SHALL 1 1 1 I WE 1793.05 JO S TIT 5 Ls, ho n ON I DEMLO.,ENT 140304.01700 MELT 1 --- ____ 3/4" TURNED REGISTERED 'YAL000541101 ERNA. STANDARDS. P.M ASPHALT ---- 110.1.116, 'ARON. IWO /SED COORS RO FILL SHWA Or _ 0F \e. 7-- 44- 40, I 07/10/2015 NARRATIVE REPORT: Title Page: Tiensvold family application for Special Use Permit. Property located east of Cave Creek Road and south of Dynamite Road at 27613 N. 44 th Street. See attached vicinity map, pg. 3. Purpose of Request: Small family business is requesting a Cottage Industry Special Use Permit. Family business builds Mare Motels, Corrals, and Livestock Shade Structures. The Special Use Permit is for the business to store building materials on family property. The materials consist in lengths of pipe / tubing and equipment required to offload trucks and stock supplies on site. Materials will be stored and prepared for delivery to projects in area for construction. No construction on site is required for the home business. The material storage area will require some retention work for Maricopa County Drainage. The property consists of 2.5 acres of land of which 25% would be used for the business. Description of Proposal: The ability to purchase building supplies in larger quantities provides the family business an opportunity to be competitive and give clients a better product at a better price. The location of supplies is out of site from the roadway and the adjacent properties. Temporary storage for resale of construction materials consisting of steel pipe / tubing (1-1/2" — 4" piping in lengths of 20%30') and equipment for offloading and stockpiling, a forklift and trailer, company truck for jobsite delivery. Area adjacent to office/shop will be truck and equipment parking. Family parking of vehicles is in front of home and in attached garage. • Business operations include storage, off-loading, loading of steel pipe/tubing and limited display of equine containment facilities. Business will be conducted in a 20 x 40 shop building located approximately 36' from family dwelling. Business equipment is a desk, computer / printer and hand tools required for construction use. • Hours of operation will be from 7 am —6 pm weekly consisting of minimal amount of hours on property as all building of corrals and mare motels are on site for cutting and welding and hardware installation. 8-12 on Saturday. Public access is by appointment only but very limited. • Number of employees. Corral Kraft LLC consists of 3 employees. Tyler Tiensvold and his mother Cecilia Tiensvold are owners and 1 employee. • 800 square foot shop/office is located on the southern side and western edge of Special Use area. • There will be no changes to buildings. • No signage will be used. Relationship to Surrounding Properties: Surrounding properties consist of horse owners, riding and roping arenas, livestock pens and families. Having lived in area many years we have worked with many of the homeowners in repairs and assistance with equine facilities. Many of the neighbors are friends and all work together when there is assistance needed for any reason. Location and accessibility: Paved driveway and easy access to 44 th Street, Dynamite, Tatum Road and Cave Creek Road and accessible by all transportation equipment necessary to deliver and stock materials for the business. Circulation Systems: No changes required to existing facilities. Development Schedule: Shop/office area is existing on the property, location noted on site plan Community Facilities and Services: No changes required. Public Utilities and Services: City of Phoenix Water SRP Electrical On Site Septic System Maricopa County Planning & Development Department Farhad Tavassoli, Planner DATE; April 1, 2015 501 N. 44th Street, Suite 200 Phoenix, Phone: (602) Arizona 506-8358 85008-6526 TO: DISTRIBUTION NOTED BELOW Fax: (602) 506-3711 FathadTavassoli@mail.rnaricopa. sov FROM: Farhad Tavassoli, Planner .maricopa.gov/planning RE: Tiensvold Home Occupation — Special Use Cottage Industry in a Rural Zoning District CASE: Z2015001 Enclosed are the following materials relating to the above case date stamped received March 6, 2015: 1) Special Use Permit Application 2) Narrative Report 3) Site Plan The Technical Advisory Committee (TAC) will hold a meeting to discuss the above-referenced case on Tuesday, April 14, 2015 at 1:00, at the Maricopa County Planning & Development Department, 1st Floor of 501 N . 44th Street, in Phoenix. You, or your authorized representative, are invited to prepare and submit written recommendations at the meeting. If you are unable to attend, please submit written recommendations to our Department prior to the date of the meeting. Please call me at 602-506-8358 (or email to farhadtavassolamail.maricopa.gov )if you have any questions. Thank you. Distribution (memo only via e-mail): Dove Valley Coalition — ATTN: Michael D. Rich (dovevalley©lycos.com ) District 3 Advisory Committee — ATTN: Sara Vannucci (saravannucciPworldnetatt.net ) Anthem Community Council — ATTN: Jenna Kohl (ikohlPanthemcouncil.com ) Informational Purposes Only (memo only via e-mail): Gary Swinford (gdswinford(agmail.com ) Wendy Downing, Addressing Bob Fedorka, Planning/Engineering (Drainage, Transportation, Flood Control) Maricopa County Environmental Services Department Water and Waste Management Division Water and Waste Management DATE: March 11, 2015 Division Subdivision Infrastructure & Planning Program TO Farhad Travassoli, Planning & Development Dept, 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Planner Phone: (602) 506-0376 'FDD Fax: (602) 602 506 506-5813 6704 FROM: Souren Naradikian, P.E. Senior Civil Engineering SUBJECT: Swinford Cottage Industry SUP; Z2015024 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Development Department for the above referenced project. This project requests approval of a cottage industry Special Use Permit to allow for storing building materials at 27613 North 44th Street. Existing septic system will be used to manage sanitary sewage for the business. The current public water system City of Phoenix will provide potable water. The parcel is located in the urbanized unincorporated area, but the disturbed soil is estimated to be much less than one acre, and therefore, the project is not regulated by the Maricopa County Stormwater Quality Program, Based on the above, MCESD raised no objections to the Planning & Development Department on March 11, 2015 and will allow the project to proceed at this time. Stipulations: None It should be noted that several other Maricopa County agencies must review and recommend approval of this project. Final approval authority for this project rests with the Maricopa County Board of Supervisors. Maricopa County Planning & Development Department Engineering Plan Review Date: August 3, 2015 Stacey A. Lapp, P.E., CFM Planning & Development 501 North 40, Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Phoenix, Anzona 85008 Development Phone: (602) 506-4717 Pax: (602) 506-3282 www.maricopa.gov/plarming Email address: Attn: Farhad Tavassoli, ATCP, Planner, Planning & Development Services StaceyLaQp@maii.maricoDasiov From: Stacey A. Lapp, P.E., CFM, Plans Examiner Engineer, Planning & Development Services CC: Michael Norris, P.R., Drainage Engineering Manager, Planning & Development Subject: Z2015024 — Special Use Permit for Cottage Industry in Rural Zoning District — Tiensvold SUP for Corral Kraft LLC (D2 Memo) Job Site Address: 27613 N 44t5 Street, Cave Creek, AZ 85331 APN(s): 212-18-022A Engineering Review has reviewed the plans and report submittal date stamped 07/20/2015 for the subject application and has no objections: Any approval of this case should include the following standard stipulations: 1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 2. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance, Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of permits. Please contact me if you have any questions or require clarification of these comments.