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December 11, 2024 Z2024009 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: December 11, 2024 Case #/Title: Z2024009 – 6439 W. Fremont Rd. Supervisor District: 5 Applicant/Owner: Cassandra Ayres - Berry-Riddell LLC/Marisol Oliveros Request: Special Use Permit (SUP) for Cottage Industry – commercial vehicle storage – in the Rural-43 zoning district Site Location: Generally located approx. 428’ southwest of the SWC of 64th Ave. and Fremont Rd. in the Laveen area Site Size: Approx. 43,230 sq. ft. County Island Status: N/A Additional Comments: The applicant seeks a Special Use Permit (SUP) for a cottage industry to allow an owner of a grading business to store six vehicles associated with the business on their property of residence. While the proposed SUP is not necessarily consistent with a rural land use designation, rural zoning is also characterized by farms, dairies, ranches and home occupations. Staff routed the request to various external agencies. ADOT sent comments stating that there are no concerns with the proposal. No municipalities commented on the proposal. Staff received a petition and letters and counted seventy-seven (77) individuals supporting the case. Staff adjusted this number to fifty-five (55) individuals when the applicant revealed that there was some overlap between the letters and petition that was difficult to discern due to handwriting. Staff received five (5) letters of opposition concerned with noise, traffic and businesses in a residential community. Commission Recommendation: On 11/7/2024, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2024009 subject to conditions ‘a’ – ‘m’: a. Development of the site except for residential uses shall be in substantial conformance with the site plan entitled “SUP for Home Cottage Industry – Commercial Vehicle Storage“, December 11, 2024 Z2024009 Page 2 of 3 consisting of 1 sheet, stamped received October 9, 2024 except as modified by the following conditions and except that a revised site plan shall be submitted within 90 days of Board approval that further addresses all application packet technical requirements. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site related to the Home Cottage Industry shall be in substantial conformance with the narrative report entitled “6439 W Fremont Rd”, consisting of 6 pages, dated October 9, 2024, and stamped received October 9, 2024, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: 1. Engineering review of Planning entitlement cases is conceptual in nature. Any development and drainage design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and best practices at the time of application for construction. d. The following SUP standards shall apply: 1. Min. Lot Area – 43,230 sq. ft. 2. Min. Screening – Minimum 6’ and maximum 8’ solid masonry wall shall be provided, except that an opaque fence may be provided along the boundary where a 10’ easement for equestrian, irrigation and public utilities is present so long as the fence screens all vehicles being stored from adjacent property owners 3. Sight Visibility Triangles –SVTs waived along property ingress/egress 4. Pavement - Concrete and/or rolled and compacted decomposed granite required for driveways, access points, and parking with a Dust Control Plan approved by Maricopa County Air Quality Control e. Unless passenger vehicles, no more than six (6) parking spaces associated with the business shall be occupied. Vehicles associated with the business shall park in spaces as designated on the site plan. f. No semi-trucks shall be permitted to be stored or to enter the property. g. There shall be no idling of vehicles on the property. h. Vehicles associated with the business shall enter and exit the property no more than twice per day. i. All outdoor lighting shall be in accordance with Section 1112 of the Maricopa County Zoning Ordinance. j. The SUP is valid for a period of 10 years and shall expire 10 years from the date of BOS approval or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated solely with the special use permit shall be removed within 90 days of such expiration or termination of use. k. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this SUP as set forth in the Maricopa County Zoning Ordinance. December 11, 2024 Z2024009 Page 3 of 3 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, and at the time of expiration of the SUP, 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 SUP, 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 SUP. The SUP enhances the value of the property above its value as of the date the SUP is granted and reverting to the prior zoning results in the same value of the property as if the SUP had never been granted. Presented by: Adam Cannon, AICP, Senior Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 11/7/24 P&Z Packet (76 pages) 11/7/24 P&Z Handout Memo (3 pages) Note: 11/7/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2024009 Page 1 of 8 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2024009 – 6439 W. Fremont Rd. Hearing Date: November 7, 2024 Supervisor District: 5 Applicant: Cassandra Ayres – Berry Riddell LLC Owner: Marisol Oliveros Request: Special Use Permit (SUP) for Cottage Industry – commercial vehicle storage – in the Rural-43 zoning district Site Location: Generally located approx. 428’ southwest of the SWC of 64th Ave. and Fremont Rd. in the Laveen area Site Size: Approx. 43,230 sq. ft. Density: N/A County Island: Yes, City of Phoenix County Plan: Maricopa County Vision 2030 Comprehensive Plan – Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Phoenix – Large Lot Residential (0-1 d.u./ac) Municipal Comments: None received to date Support/Opposition: 77 supporting / 4 opposed / 2 neutral Recommendation: Approve with conditions Z2024009 Page 2 of 8 Project Summary: 1. Berry Riddell is requesting a SUP for commercial vehicle storage as a home-based business in the Rural-43 zoning district. The subject property is located in the Laveen area in unincorporated Maricopa County, and is designated as Rural Development Area (0-1 d.u./acre) in the Maricopa County Vision 2030 Comprehensive Plan. The City of Phoenix General Plan designates the subject property’s land use as Large Lot Residential (0-1 d.u./acre). 2. The subject property is approximately 0.99 acres (approx. 43,230 sq. ft.) and zoned Rural-43. The SUP request is to allow for six work trucks associated with the owner’s grading business to be parked on the property. Non-accessory vehicles greater than 10,000 lbs GVW are prohibited on rural and residential lots. The Special Use Permit (SUP) for a home-based business will make the cottage industry a second primary use of the property and the vehicles considered to be accessory to the primary use. 3. The residence itself does not serve as the business; however, the home is owner-occupied and the vehicles are associated with the owner’s business. The property received two violations for operating an illegal business without appropriate entitlements in 2021 and 2024 due to large trucks parking on the property. Code enforcement closed the 2021 violation upon follow-up investigation demonstrating removal of the trucks and closed the 2024 violation due to the applicant having applied for this special use permit request. Vehicles are expected to leave during typical construction hours and return at night. Access is available to the site from Fremont Rd. 4. The lot is slightly undersized, flat and traditionally-shaped. Structures on the subject property include the existing residence, garage, shed structure and outdoor lights. The lot coverage for the site is approx. 15% or approx. 6,494 sq. ft. All lot coverage is associated with the residential use. The applicant’s site plan proposes five total parking spaces for the site. All outdoor lighting will be shielded, directed downward and in conformance with Section 1112 of the Maricopa County Zoning Ordinance. The perimeter of the property and use will be screened with a minimum 6’ screen wall on the north, west and south property boundary while the eastern property will be screened with a 6’ fence along the easement. Exhibit 1 – Site Plan Excerpt Z2024009 Page 3 of 8 5. The subject site is zoned Rural-43. The applicable standards for this district and the Rural-43 SUP are listed below: REGULATION BASE ZONING DISTRICT REGULATIONS (Rural-43) PROPOSED ZONING REGULATIONS (Rural-43 SUP) Max. Height 30’ / 2 stories 30’ / 2 stories Min. Front Yard 40’ 40’ Min. Side Yard 30’ 30’ Min. Street Side Yard 20’ 20’ Min. Rear Yard 40’ 40’ Min. Lot Area 43,560 sq. ft. 43,230 sq. ft. Min. Lot Width 145’ 145’ Max. Lot Coverage 25% 25% Screening Adjacent to rural or residential zoning districts automobile parking shall be screened from view. Solid masonry wall, six feet in height adjacent to any side or rear property line abutting any rural or residential zoning district. View-obscuring wall or fence, six feet in height, on perimeter of site with outdoor industrial use adjacent to district other than rural or residential. Minimum 6’ and maximum 8’ solid masonry wall will be provided, except where easement conflicts exist. Pavement Pavement required for all driveways, parking spaces and access points Concrete and/or rolled and compacted decomposed granite required for driveways, access points, and parking with a Dust Control Plan approved by Maricopa County Air Quality Control Parking 1 per 250 sq. ft. of floor area for commercial uses 1 per 250 sq. ft. of floor area for commercial uses Sight Visibility Triangles (SVTs) 25’x25’ SVTs required at the property line along all driveways Six (6) SVTs waived along property ingress/egress Landscaping 5’ landscaping strip required along property frontage 5’ landscaping strip required along property frontage 6. The applicant is requesting to vary the minimum lot area, screening, pavement and SVT development standards. The request to vary the minimum lot area is because the lot is platted at a size that is under the minimum required area thus making the lot legal non-conforming. Varying the standard will memorialize this for the SUP request. The request to vary screening is to allow for an existing opaque fence to remain without obstructing other individuals use of the easement. The applicant is requesting to waive six (6) required SVTs for the residential driveway and vehicle driveway. Four of the SVTs are associated with the residential driveway and are unnecessary because that driveway will only be used for residential purposes. SVTs at the vehicle driveway would encumber the existing easement. Lastly, the applicant is requesting to vary the standard for pavement to allow for decomposed granite with an approved dust control plan. Z2024009 Page 4 of 8 Exhibit 2 – Aerial Map Exhibit 3 – Rural-43 Zoning District and Surrounding Zoning Districts Z2024009 Page 5 of 8 Existing On-Site and Adjacent Zoning / Land Use: 7. 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 / Single-family residence Utilities and Services: 8. Water: City of Phoenix Wastewater: City of Phoenix School District: Laveen Elementary School District #59 Phoenix Union High School District #10 Fire: Laveen Fire District Police: MCSO Right-of-Way: 9. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Fremont Rd. 25’ 25’ Local Adopted Plans: 10. Vision 2030 Maricopa County Comprehensive Plan (Adopted 2016): The land use on site is designated as Rural Development Area (0-1 d.u./ac.). The Rural Development Area land use designation encourages low-density rural residential and agricultural uses. 11. City of Phoenix General Plan (Adopted 2024): The Rural Residential designation identifies areas The large lot land use category provides for very low-density residential uses to protect and preserve low density areas in their present or desired character. This category identifies two sub- categories of 0 to 1 du/acre and 1 to 2 du/acre. Public Participation Summary: 12. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the site and notification by first class mail to adjacent property owners and HOA’s within 300’ of the subject parcel and notification to interested parties. Two signs were posted on site in accordance with applicable regulations. A public participation results report was submitted to staff in accordance with County requirements. 13. Staff received a support petition and letters from seventy-seven (77) individuals, four (4) opposition letters and one (2) neutral requests for information. Two (2) of the opposition letters are anonymous and reference concerns associated with the personal behavior of the owner, noise and vehicles entering and exiting the property frequently. Another opposition letter expresses concern about business uses developing within the neighborhood. The last opposition letter is Z2024009 Page 6 of 8 from the Laveen Citizens for Responsible Development (LCRD). The LCRD letter lists a number of concerns including incompatibility with residential development, safety, visual and noise pollution, property values, lack of violation enforcement and community impact, among others. The LCRD letter also states that allowing the business would be a violation of the Rancho Grand Tres CC&Rs. Staff notes that the County does not review CC&Rs when considering a planning case. Enforcement of CC&Rs is subject to the applicable subdivision’s HOA, and disputes concerning CC&Rs or deed restrictions are wholly civil matters. 14. Staff received a no comment letter from the Arizona Department of Transportation (ADOT). Staff did not receive any other comment letters from agencies or municipalities. Outstanding Concerns from Reviewing Agencies: 15. N/A Staff Analysis: 16. Staff supports the SUP request for vehicles parked in connection with the home-based grading business. While the proposed land use is not necessarily consistent with a rural residential land use and the owner has received violations for the establishment of a business without entitlements, rural zoning is also characterized by farms, dairies, ranches, and home occupations. Home-based cottage industries are not uncommon. Staff believes that the use permitted can be properly conditioned to ensure that the parking of the vehicles does not become a nuisance to the community. SUPs are appropriate when limited in scope, and this SUP request will only permit the parking of work vehicles. Further, there is a great need for work vehicle parking that is not being supplied by the market in a manner that is convenient for construction workers. Until that issue is resolved, the County will continue to receive requests such as these. Recommendation: 17. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2024009 subject to the following conditions ‘a’ – ‘m’: a. Development of the site except for residential uses shall be in substantial conformance with the site plan entitled “SUP for Home Cottage Industry – Commercial Vehicle Storage“, consisting of 1 sheet, stamped received October 9, 2024 except as modified by the following conditions and except that a revised site plan shall be submitted within 90 days of Board approval that further addresses all application packet technical requirements. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site related to the Home Cottage Industry shall be in substantial conformance with the narrative report entitled “6439 W Fremont Rd”, consisting of 6 pages, dated October 9, 2024, and stamped received October 9, 2024, except as modified by the following conditions. c. The following Planning Engineering condition shall apply: Z2024009 Page 7 of 8 1. Engineering review of Planning entitlement cases is conceptual in nature. Any development and drainage design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and best practices at the time of application for construction. d. The following SUP standards shall apply: 1. Min. Lot Area – 43,230 sq. ft. 2. Min. Screening – Minimum 6’ and maximum 8’ solid masonry wall shall be provided, except that an opaque fence may be provided along the boundary where a 10’ easement for equestrian, irrigation and public utilities is present so long as the fence screens all vehicles being stored from adjacent property owners 3. Sight Visibility Triangles –SVTs waived along property ingress/egress 4. Pavement - Concrete and/or rolled and compacted decomposed granite required for driveways, access points, and parking with a Dust Control Plan approved by Maricopa County Air Quality Control e. Unless passenger vehicles, no more than six (6) parking spaces associated with the business shall be occupied. Vehicles associated with the business shall park in spaces as designated on the site plan. f. No semi-trucks shall be permitted to be stored or to enter the property. g. There shall be no idling of vehicles on the property. h. Vehicles associated with the business shall enter and exit the property no more than twice per day. i. All outdoor lighting shall be in accordance with Section 1112 of the Maricopa County Zoning Ordinance. j. The SUP is valid for a period of 10 years and shall expire 10 years from the date of BOS approval or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated solely with the special use permit shall be removed within 90 days of such expiration or termination of use. k. Noncompliance with any Maricopa County regulation shall be grounds for initiating a revocation of this SUP 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, and at the time of expiration of the SUP, 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 SUP, 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 Z2024009 Page 8 of 8 date of application due to such revocation or expiration of the SUP. The SUP enhances the value of the property above its value as of the date the SUP is granted and reverting to the prior zoning results in the same value of the property as if the SUP had never been granted. Presented by: Adam Cannon, AICP, Senior Planner Reviewed by: Darren Gerard, AICP, Planning Manager Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (6 pages) Engineering Comments (1 page) ADOT Comments (4 pages) Support Petition and Letters (36 pages) Opposition Correspondence (19 pages) / Maricopa County Planning & Development - Phoenix, AZ 5 Gross Acres: 1 approx. Generated October 16, 2024 2:47 PM Z2024009 Application Name: Legal Description 6439 West Fremont EDR Applicant Case Address 1N 2E 31 WENDY RIDDELL 6439 W Fremont RD Applicant Phone/Email Parcel Primary:104-85-165 4806823916 zoning@berryriddell.com Laveen, AZ 85339 Map scale 1:864 Supervisor District No. 6439 West Fremont EDR 25’-0” Half ROW Z2024009 SUP for Home Cottage Industry – Commercial Vehicle Storage Proposed Truck Parking Proposed 8’ tall fence Proposed 6’ - 8’ tall wall Note: All outdoor lighting shall comply with Section 1112 of the Maricopa County Zoning Ordinance 6439 West Fremont Road Special Use Permit Narrative Case Number: Z2024009 1st Submittal: February 1, 2024 2nd Submittal: September 26, 2024 Final Submittal: October 9, 2024 Prepared By: Berry Riddell LLC Cassandra Ayres, Esq. Elyse DiMartino, Planner 6750 E. Camelback Road, Suite 100 Scottsdale, Arizona 85251 A. REQUEST The purpose of this request is for approval of a Special Use Permit (“SUP”) to allow an approximate 1-acre property located at 6439 W. Fremont Rd., Laveen, AZ 85339 (the “Property) to operate as a home occupation, cottage industry for the parking of commercial vehicles necessary to operate an off-site construction/site grading business. The Property is designated as Maricopa County Assessor’s Parcel Number 104-85-165, as depicted in blue below. B. DESCRIPTION OF PROPOSAL The Property is currently, and will continue to be, used for residential purposes. The homeowner owns a small construction/site grading business that requires ownership of tractors and commercial trucks. All construction and grading take place off the Property. No more than six (6) commercial vehicles including flatbed trucks and tractors will be parked on the Property. Further, these vehicles do not have jake-brakes, nor will they be idling in the early morning. All work involving trucks and tractors takes place at various construction sites, not at the Property. In the evening, after business hours, the homeowner simply parks the vehicles on the Property. Semi-trucks will not be parked or stored on the Property at any time. C. DEVELOPMENT STANDARD DEVIATIONS & SUP JUSTIFICATIONS As part of this SUP, we are requesting the following development standard deviations: Development Standards Base Regulation (RU-43) Proposed Regulation (RU-43 SUP) Max. Height 30’ / 2 stories 30’ / 2 stories Min. Front Yard 40’ 40’ Min. Side Yard 30’ 30’ Min. Street Side Yard 20’ 20’ Min. Rear Yard 40’ 40’ Min. Lot Area 43,560 sq. ft. 43,230 SF (existing) Min. Lot Width 145’ 145’ Max. Lot Coverage 25% 25% Screening Adjacent to rural or residential zoning districts automobile parking shall be screened from view. Solid masonry wall, six feet in height adjacent to any side or rear property line abutting any rural or residential zoning district. View-obscuring wall or fence, six feet in height, on perimeter of site with outdoor industrial use adjacent to district other than rural or residential. Minimum 6’ and maximum 8’ solid masonry wall will be provided, except where easement conflicts exist. Pavement Pavement required for all driveways, parking spaces and access points Concrete and/or rolled and compacted decomposed granite required for driveways, access points, and parking with a Dust Control Plan approved by Maricopa County Air Quality Control Parking 1 per 250 sq. ft. of floor area for commercial uses 1 per 250 sq. ft. of floor area for commercial uses Sight Visibility Triangles (SVTs) 25’x 25’ SVTs required at the property line along all driveways 6 required SVTs waived along property ingress/egress Minimum Lot Area: Requesting the minimum lot area to be 43,230 square feet where a minimum of 43,560 square feet is required. Though the typical minimum lot area for Rural-43 (“RU-43”) zoning is 43,560 square feet, that is not the case for all lots in this zoning district. The Property was originally platted in 1976, as part of the Rancho Grande Tres replat and was platted as a 43,230-square-foot lot. This request will not modify the existing lot size, but rather will bring the existing lot size into compliance with the RU-43 zoning requirement. Screening: Requesting a minimum 6’ to maximum 8’ solid masonry screen wall/fence height where a maximum of 6’ is required. Today, there is an existing 6’ fence with opaque privacy screening around the Property to mitigate any views of the commercial vehicles. It is our request to increase the maximum height from maximum 6’ to maximum 8’ to allow for a minimum 6’ to maximum 8’ solid masonry wall to better mitigate any views of commercial vehicles. Where utility/easement conflicts exist, a minimum 6’ to maximum 8’ fence with screening material will be permitted. Pavement: Requesting both concrete pavement and decomposed granite to be utilized for driveways, access points, and parking areas where pavement is required. The existing half-moon driveway serves the existing single-family home. The decomposed granite is proposed for parking areas at the rear of the Property and for accessways to the parking area. The decomposed granite will be dust-proof and will decrease any sounds of vehicles entering and exiting the Property. Sight Visibility Triangles: Requesting to remove the requirement for 25’x 25’ Sight Visibility Triangles (“SVTs”), though the existing condition will remain. An equestrian, irrigation, and public utilities easement encumbers the Property along its western boundary where the decomposed granite driveway for the commercial vehicles is proposed. SVTs cannot encumber existing improvements or legal rights. An existing half-moon driveway to serve the existing single-family home on the Property lies adjacent to the proposed driveway on its east side. This combination of easements and existing residential driveway locations, makes it impossible to comply with the required SVTs. Further, the 25’x 25’ SVT requirement is only necessary for commercial uses; however, the Property is primarily used for residential purposes. Trucks and tractors will be entering and exiting the one decomposed granite driveway at limited, specified times, mitigating the need for SVTs. The condition created by the Special Use Permit will not cause an adverse impact on adjacent property or properties in the area, such as significant increase in vehicular and pedestrian traffic; emission of odor, dust, gas, noise, vibration, smoke, heat, or glare above ambient conditions; and contribution in a measurable way to the deterioration of the neighborhood or contribution of property values. No commercial work will be conducted on the Property. The property owner will only be using the Property to park commercial vehicles for construction and site grading projects that take place off Property. Parking commercial vehicles on the Property will not create any nuisance, detrimental increase in vehicular traffic, nor cause deterioration of the Property. Additionally, the property owner has already taken steps to mitigate any impacts on the surrounding context, including screening the vehicle parking area with fencing and landscaping. The use will comply with all Maricopa County codes, ordinances, and regulations. D. RELATIONSHIP TO SURROUNDING PROPERTIES The Property is zoned Rural-43 (“RU-43”), allowing for one dwelling unit per acre. The Property is contained within the Rancho Grande Tres Subdivision and bounded on all sides by residences in the RU-43 zoning district. The Property and surrounding context are located within the planning area for the 2015 City of Phoenix General Plan (the “General Plan”) and are designated as 0 to 1 du/acre – Large Lot on the General Plan. Finally, the Property is located within the Board of Supervisors District 5 (Steve Gallardo). The use of the Property will have no adverse impact on the surrounding neighborhood. Rather, the use will allow the Property owner to store light-duty commercial vehicles for the owner’s off-site construction/site grading business, which are used to further development in the Phoenix Metropolitan area of Maricopa County. E. LOCATION AND ACESSIBILITY The Property is located at 6439 W. Fremont Rd., Laveen, AZ 85339 in the jurisdiction of Maricopa County. The Property is located northeast of the northeast corner of South 67th Avenue and Baseline Road. There are three access points to the Property, which are located on West Fremont Road. Two access points form into a half-moon driveway and will be used for vehicular access to the single-family home. Commercial vehicles will reach their designated parking area at the rear of the Property via a singular access point at the northwest corner of the Property. F. CIRCULATION SYSTEM All parking of commercial vehicles is contained at the rear of the Property and accessed via a gate located off West Fremont Road. The gate feeds into internalized drive located on the west side of the Property and gives access to the rear of the Property. G. DEVELOPMENT SCHEDULE Screening has been completed on the Property. The location of the commercial vehicle storage on the Property is paved with compacted, rolled decomposed granite. H. COMMUNITY FACILITIES AND SERVICES The approval of the Special Use Permit will have no impact on community facilities and services. The Property is near Cesar Chavez Park, which is located at the southwest corner of 35th Avenue and Baseline, and near the Desert Meadows School, close to the intersection of Baseline Road and Meadows Loop East Road. The Property is within the Laveen Elementary School District and the Phoenix Union High School District. I. PUBLIC UTILITIES AND SERVICES The approval of the Special Use Permit will have no impact on public facilities and services. Water and sewer services are provided by the City of Phoenix. The Property is located within the Laveen Fire District and is served by the Maricopa County Sheriff's Office. J. CONCLUSION For the foregoing reasons, we respectfully request that the Special Use Permit to allow the Property to be used as a home occupation, cottage industry for the parking of commercial vehicles in relation to an off-site construction/site grading business be approved. Page 1 of 1 Bob Fedorka, PE Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506-7151 www.maricopa.gov/planning Email address: bob.fedorka@maricopa.gov Planning & Development Engineering Plan Review Date: October 1, 2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Adam Cannon, AICP, Sr. Planner, Planning & Development Services From: Robert Fedorka, PE, Development Engineering Manager Subject: Z2024009 – Special Use Permit for Construction Vehicle Parking (E2 Memo) Job Site Address: 6439 W. Freemont Road, Laveen APN(s): 104-85-165 PND Engineering Review has reviewed the 2nd submittal of the subject application routed for review on 9/30/24 and has no objections subject the following condition: 1. Engineering review of Planning entitlement cases is conceptual in nature. Any development and drainage design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and best practices at the time of application for construction. Please contact me if you have any questions or require any additional information. This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: Bernadette Martinez To: Adam Cannon (PND) Cc: Peggy Fehlman Subject: Re: Z2024009 - Special Use Permit for Home Cottage Industry - 2nd Submittal Date: Monday, September 30, 2024 10:04:30 AM Attachments: image001.png RE: Notice Number: Z2024009 Subject Name: Home Cottage Industry APN: Subject Address: 6439 W Fremont Rd Thank you for the notification of the above-referenced project. After review, ADOT has no new comments for the use of this location. ADOT has no concerns with the proposed use as previously presented. If project effects ADOT State Highway System please see Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits ADOT reserves the right to review any future plans, additions and/or changes to this development in regards to any impact they may have on the State Highway System. Thank you and I am happy to assist with any other questions. Bernadette Martinez TCT IV ARIZONA DEPARTMENT OF TRANSPORTATION 2140 W. Hilton Ave Phoenix, AZ 85007 602.712.2086 redletter@azdot.gov On Mon, Sep 30, 2024 at 9:34 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote: Good morning all, This e-mail serves as notification of a 2nd Submittal we have received from Berry-Riddell, LLC for a Special Use Permit. Applicable documents for review are available on the Permit Center at: https://maricopacountyaz-energovweb.tylerhost.net/apps/selfservice#/search. You can search for the case by using the Special Use Permit case number Z2024009. Please let me know if you have any questions or concerns. Best regards, Adam Cannon, AICP Senior Planner Planning & Development 301 W Jefferson St. Phoenix, AZ 85003 O: 602-372-0292 E: adam.cannon@maricopa.gov [ Maricopa.Gov ] Facebook | Instagram | Twitter | YouTube | LinkedIn This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: Bernadette Martinez To: Adam Cannon (PND); ED@berryriddell.com Cc: Peggy Fehlman Subject: Z2024009 6439 W FREMONT RESIDENCE 104-85-165 6439 W FREMONT Date: Wednesday, February 7, 2024 2:39:28 PM Attachments: image001.png RE: Notice Number:Z2024009 Subject Name:6439 W FREMONT RESIDENCE APN (if provided):104-85-165 Subject Address (if provided):6439 W FREMONT Thank you for the notification of the above-referenced project. After review, ADOT has no new comments for the use of this location. ADOT has no concerns with the proposed use as previously presented. If project effects ADOT State Highway System please see Permit Encroachment Process Link - https://azdot.gov/business/permits/encroachment-permits ADOT reserves the right to review any future plans, additions and/or changes to this development in regards to any impact they may have on the State Highway System. Thank you and I am happy to assist with any other questions. Bernadette Martinez Transportation Construction Technician IV Central District 2140 W. Hilton Ave, MD 700 Phoenix, AZ 85009 602.712.2086 On Wed, Feb 7, 2024 at 8:16 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote: Good afternoon all, This e-mail serves as notification of an application we have received from Berry-Riddell, LLC for a Special Use Permit. Applicable documents for review are available on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using the Special Use Permit case number Z2024009. A virtual TAC meeting has been scheduled for Tuesday, March 5, 2024 at 9:45 a.m. If you would like to participate, please contact me and I will send you access details. Please let me know if you have any questions or concerns. Best regards, Adam Cannon, AICP Senior Planner Planning & Development 301 W Jefferson St. Phoenix, AZ 85003 O: 602-372-0292 E: adam.cannon@maricopa.gov [ Maricopa.Gov ] Facebook | Instagram | Twitter | YouTube | LinkedIn Exhibit E – 2024 Support Petition and Letters This Message Is From an Untrusted Sender You have not previously corresponded with this sender. Please use caution when you receive messages from new senders. Always validate the sender first. From: Dan Penton To: Adam Cannon (PND) Subject: Re: Z2024009 - Special Use Permit for Home Cottage Industry Date: Wednesday, February 28, 2024 3:15:09 PM Attachments: image001.png RE%20APPLICATION%20Z2024009%20Request%20for%20Special%20Use%20Permit%20at%2064.pdf 19730049832.pdf Adam, Attached is a letter of opposition by LCRD and supporting recorded CC&Rs for Rancho Grande Tres Thank you for your time Dan Penton On Tue, Feb 27, 2024 at 8:20 AM Adam Cannon (PND) <Adam.Cannon@maricopa.gov> wrote: Good afternoon all, This e-mail serves as notification of an application we have received from Berry-Riddell, LLC for a Special Use Permit. Applicable documents for review are available on the Online Permit Manager at: https://accela.maricopa.gov/CitizenAccessMCOSS/Default.aspx. You can search for the case by using the Special Use Permit case number Z2024009. Due to scheduling, a virtual TAC meeting has been moved to tomorrow, Wednesday, February 28, 2024 at 4:00 p.m. If you would like to participate, please contact me and I will send you access details. Please let me know if you have any questions or concerns. Best regards, Adam Cannon, AICP Senior Planner Planning & Development 301 W Jefferson St. Phoenix, AZ 85003 O: 602-372-0292 E: adam.cannon@maricopa.gov [ Maricopa.Gov ] Facebook | Instagram | Twitter | YouTube | LinkedIn RE: Z2024009 APPLICATION FOR SPECIAL USE PERMIT: 6439 W. Fremont Rd., Laveen, AZ 85339 ATTENTION: Maricopa County Planning and Development Department RE: APPLICATION Z2024009: Request for Special Use Permit at 6439 W. Fremont Rd., Laveen, AZ 85339 We the Board of Directors for the Laveen Citizens for Responsible Development, after review of the proposed application and request for a Special Use Permit (Z2024009) at 6439 W. Fremont Rd., Laveen, AZ 85339, submit the following opposition. The request for a Special Use Permit (Z2024009) at 6439 W. Fremont Rd., Laveen, AZ 85339, raises significant concerns that must be addressed before any approval is considered. The primary issue at hand is the encroachment of commercial activities into a residential area, which is designated for living purposes and not for the operation of businesses, especially those involving heavy machinery. Incompatibility with Residential Zoning: The zoning laws are established to protect the residential nature of neighborhoods. Allowing commercial vehicles to be parked at a residential property blurs the line between residential and commercial zones, setting a precedent that could lead to further commercial intrusion into residential areas. Safety and Environmental Concerns: The presence of commercial trucks and tractors in a residential area poses safety risks to residents, especially children. These vehicles, designed for construction sites, are not suitable for the confines of a residential neighborhood. Additionally, the potential for oil leaks, fuel spills, and other environmental hazards cannot be ignored. Visual and Noise Pollution: Despite the screening added to the fence line, the visual presence of commercial vehicles in a residential area is a form of visual pollution that degrades the aesthetic value of the neighborhood. Moreover, the early morning departures and late evening returns of these vehicles are likely to cause noise disturbances, disrupting the peace of the community. Impact on Property Values: The introduction of commercial elements into a residential area can adversely affect property values. Prospective homeowners are less likely to invest in a neighborhood that does not strictly enforce its residential zoning laws. Lack of Enforcement and Precedent for Non-Compliance: The history of non-compliance by the property owner, as evidenced by the Violation Case Number V20210910, raises concerns about future adherence to regulations. Granting a Special RE: Z2024009 APPLICATION FOR SPECIAL USE PERMIT: 6439 W. Fremont Rd., Laveen, AZ 85339 Use Permit after such a violation sends a message that non-compliance can be negotiated away, undermining the authority of zoning laws. The property owner has installed screening to minimize the visual impact of the parked commercial vehicles. While this effort is commendable, it does not fully address the potential incongruity of commercial activities within a residential zone. Compliance with Maricopa County codes, ordinances, and regulations is expected, not exceptional, and should not be the sole factor in approving a Special Use Permit. Development and Community Impact: The lack of additional improvements required for the property does not negate the long-term implications of introducing a commercial element into a residential setting. The approval of the Special Use Permit must be considered within the context of preserving the residential quality and property values of the neighborhood. Public Services and Utilities: The assertion that the Special Use Permit will not impact community facilities and services, including water and sewer services provided by the City of Phoenix, requires validation. The cumulative effect of similar permits could strain public utilities and services over time. Planning Division Comments: The Planning Division’s comments highlight the need for clarity and specificity in the proposal, including the type of screening, the specific types of vehicles, and the benefits to the community. These details are crucial in assessing the full impact of the development on the surrounding properties. Moreover, should the request for a Special Use Permit at 6439 W. Fremont Rd., Laveen, AZ 85339 be approved, the conditions of such approval would be a direct violation of the Conditions, Covenants, and Restrictions (CC&Rs) for Rancho Grande Tres, which were recorded on February 26, 1973, and remain in effect. These CC&Rs were established to maintain the residential character and quality of the subdivision and are legally binding on all property owners within it. CC&R’s of Rancho Grande Tres Subdivision: ● Violation of Residential Use Provision: According to the CC&Rs, all lots within Rancho Grande Tres are designated solely for residential dwelling purposes (Section 1). The operation of a home occupation, cottage industry for the parking of commercial vehicles, contradicts this fundamental restriction and alters the intended use of the property. ● Exceeding Height Restrictions for Fences and Walls: RE: Z2024009 APPLICATION FOR SPECIAL USE PERMIT: 6439 W. Fremont Rd., Laveen, AZ 85339 The CC&Rs stipulate that no fence or wall, other than the building's wall, shall exceed six feet in height (Section 3). The presence of commercial vehicles, which are typically taller than six feet, may necessitate higher screening structures, thereby breaching this provision. ● Prohibition of Business Operations: Section 5 of the CC&Rs explicitly prohibits the erection or operation of any store, office, or place of business of any kind on any lot within the subdivision. Parking commercial vehicles for a construction/site grading business falls under this prohibition, as it constitutes conducting business from the lot. ● Nuisance and Unsightly Conditions: The CC&Rs mandate that no nuisance, unsightly equipment, or storage piles be maintained on any lot (Section 8). The parking of commercial vehicles could be construed as an unsightly condition and a nuisance to the neighborhood, especially if it leads to noise, traffic, or visual pollution. ● Binding Nature of CC&Rs: Section 33 emphasizes that the covenants, restrictions, reservations, and conditions are binding upon all property owners and can be enforced by any beneficial owner within the subdivision. This section underscores the collective agreement to adhere to the established rules to preserve the subdivision's integrity. Considering the CC&Rs of Rancho Grande Tres, the application for a Special Use Permit clearly breaches these established agreements and threatens the residential essence of the community. Granting this permit would compromise the community's values and disregard the restrictions that are legally in place. To conclude, acknowledgment is given to the property owner's efforts to address concerns; however, the Special Use Permit presents undeniable risks and disturbances. The preservation of the community's residential zoning, the safety of its residents, and the maintenance of the neighborhood's character should be the foremost considerations in the evaluation process. Respectfully Submitted, The Board of Directors Laveen Citizens for Responsible Development DATE: November 7, 2024 TO: Planning & Zoning Commission From: Adam Cannon, AICP, Senior Planner SUBJECT: Z2024009 – 6439 W. Fremont Rd. Agenda Item: #10 Since the publishing of the staff report, staff received one additional anonymous opposition letter. With this letter, the total number supporting the case is 77 and the total number opposing the case is 5. The opposition letter is concerned with noise and traffic from work vehicles entering and exiting the property. Attachments: Opposition Letter (2 pages) This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: PND Code Complaints To: Adam Cannon (PND) Subject: Z2024009 Opposition Date: Monday, November 4, 2024 12:38:11 PM Hi Adam, I received this in our code complaints email today. Thank you, Rosalie From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, November 4, 2024 11:48 AM To: PND Code Complaints <PNDCodeComplaints@maricopa.gov> Subject: Online Form Submittal: Report a Code Violation Report a Code Violation Violator Information Violation Address or Parcel Number 6439 W Fremont Rd. , Laveen, AZ 85339 Violation Description CASE # Z2024009 I AM PROTESTING THIS REQUEST FOR SO MANY REASONS! ATTENTION ADAM CANNON These people are ZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEnd Report a Code Violation Violator Information Violation Address or Parcel Number 6439 W Fremont Rd., Laveen, AZ 85339 Violation Description CASE # Z2024009 I AM PROTESTING THIS REQUEST FOR SO MANY REASONS! ATTENTION ADAM CANNON These people are LOUD at all hours of the day and night. I live next door. Tractors, Trucks and Trailers in and out of this property 7 days a week. Repair machines (LOUD) going at 4 AM on weekends! They STEAL water ! These are the worst neighbors! Your Information Your Name Field not completed. Your Telephone Number Field not completed. Your Email Address Field not completed. Attach Pictures Field not completed. The following information is optional but will expedite the process. Legal Property Description Field not completed. Owner Name Field not completed. Assessor Parcel Number Field not completed. Email not displaying correctly? View it in your browser.