Extracted text (via pymupdf)
50774 characters
December 11, 2024 Z2024055 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: Z2024055 – McQueen Oriole Commercial Supervisor District: 1 Applicant/Owners: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / James and Alejandra Goethals Request: Zone change from Rural-43 to C-2 CUPD Site Location: Generally located at the SEC of McQueen Rd. and Oriole Way in the Chandler area Site Size: Approximately 1.43 acres County Island Status: Yes (City of Chandler) Additional Comments: The applicant is seeking C-2 CUPD zoning to allow for an expansion of the existing fruit nursery onsite to include small classes and expanded sales. The requested CUPD limits entitled uses on site to those appropriate on septic and will deviate several development standards from the base C-2 zoning district. Some of the requested standards include reduced setbacks for existing structures, reduced parking surface requirements, and reduced setbacks for an illuminated billboard from a residential use in a rural zoning district. Staff received opposition from 11 nearby residents. Those who attended the Commission hearing expressed that their concern was not over the fruit nursery operations but rather due to the potential for a billboard on the property. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 11/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2024055 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit for Chandler Fruit Nursery“, consisting of 1 full-size sheet, dated October 8, 2024 and stamped received October 10, 2024, except as modified by the following conditions. December 11, 2024 Z2024055 Page 2 of 3 b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezone Narrative for Chandler Fruit Nursery”, consisting of 8 pages, dated October 7, 2024, and stamped received October 10, 2024, except as modified by the following conditions. c. The following CUPD standards shall apply: 1. Minimum street side setback: 10’ (except 0’ for existing carport) 2. Minimum side yard setback from rural or residential zoning districts: 10’ (except 8’ for existing grow room, and 1’ for existing greenhouse) 3. Minimum parking surface: asphalt millings or crushed granite 4. Minimum site screening: Chain-link fence with privacy screen (south and east) 5. Minimum setback for illuminated billboard from residential zoning or rural zoning with residential use: 120’ (east), 0’ south 6. All billboard lighting shall be shut off between 11pm and sunrise. 7. The CUPD shall limit entitled uses to the following – until such time as the site is served by public sewer or has been effectively annexed into the City of Chandler: a. Greenhouse or commercial nursey b. Event facility for classes c. Single family residential d. Offsite advertising (billboards) e. Office f. Wireless Communications facility (WCF) g. Accessory buildings and uses incidental to the above d. The following Planning Engineering condition shall apply: 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 tie of application for construction. e. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the zone change with overlay. The zone change with overlay enhances the value of the property above its value as of the date the zone change with overlay is granted and reverting to the prior zoning results in the same value of the property as if the zone change with overlay had never been granted. December 11, 2024 Z2024055 Page 3 of 3 Presented by: Joseph Mueller, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachments: 11/7/24 P&Z Packet (25 pages) Z2024055 Handout Memo 1 (7 pages) Z2024055 Handout Memo 2 (2 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. Z2024055 Page 1 of 12 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2024055 – McQueen Oriole Commercial Hearing Date: November 7, 2024 Supervisor District: 1 Applicant: Jessica Sarkissian, Upfront Planning & Entitlements, LLC Owners: James and Alejandra Goethals Request: Zone change from Rural-43 to C-2 CUPD Site Location: Generally located at the SEC of McQueen Rd. and Oriole Way in the Chandler area Site Size: Approximately 1.43 acres Density: N/A County Island: Yes (City of Chandler) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Chandler – Neighborhood / Airpark Growth Area Chandler Air Park Area Plan - Residential Municipal Comments: None received to date Support/Opposition: One phone call in opposition Recommendation: Approve with conditions Z2024055 Page 2 of 12 Project Summary: 1. The subject site currently functions as a fruit tree nursery with accessory sales of trees and fruit that are produced on site. The applicant is seeking the C-2 CUPD zoning entitlement to expand operations of the fruit nursery to include small classes and speaker events on site as well as some expanded retail to include fresh produce and items related to fruit tree growing. Notably, the applicant is also requesting a CUPD overlay to deviate development standards related to off- site advertising (billboard) signs. This includes setback reductions for an illuminated billboard to a residential zoning district or a residential use in a rural zoning district (which at present would only be applied from the east lot line). Additional proposed development standards include reduced setbacks for existing structures, reduced screening requirements, and a reduction in parking surface material requirements. The site is accessed off Oriole Way, an unimproved private access easement. The zone change with overlay does not include a plan of development (POD) at this time, however the narrative states a POD will likely be submitted quickly if the requested entitlement is granted. 2. On October 14, 2022 building permit B202100279 for a barn/workshop accessory structure with no utilities received final inspection. Staff notes this structure is the same structure that the applicant’s narrative refers to as a grow room and submittal documents show both water and electrical utilities going to the structure. There was a permit, B202214801, to modify the barn structure to include utilities and add interior walls. However, that permit never proceeded beyond the plan review stage and was not approved or issued. 3. The applicant submitted for a preapplication meeting for the current request, PA2024040, which was held on April 9, 2024. The proposal as presented at preapplication was similar to the current request. Staff advised at that time that the site was not appropriate for C-2 zoning, did not appear to be appropriate for a billboard, and advised a special use permit (SUP) would suffice for the proposed expansions of the fruit nursery business on site (including classes and small events). Nonetheless, the applicant applied for the current zone change with overlay on May 6, 2024 and the technical advisory committee (TAC) meeting was conducted on June 18, 2024. Staff reaffirmed the assessment provided at the preapplication meeting that an SUP would be a more appropriate entitlement for the site at this time. However, staff agrees that Commercial zoning is ultimately appropriate. Z2024055 Page 3 of 12 2024 Aerial of Subject Site and Surrounding Environs Zoning Map Z2024055 Page 4 of 12 4. The following table compares the proposed CUPD development standards and use regulations to the base C-2 zoning district. REGULATION BASE ZONING DISTRICT REGULATIONS (C-2) PROPOSED ZONING REGULATIONS (C-2 CUPD) Min. side setback abutting rural/residential zoning 10’ 10’ (allowing 1’ setback for existing greenhouse and 8’ setback for existing grow room) Min. street-side setback 10’ 10’ (allowing 0’ for existing carport) Parking surface material Pavement Decomposed granite or asphalt millings Site screening Min. 6’ solid wall Min. 6’ fence with privacy screening on south and east lot lines Minimum separation from residential use in rural or residential zoning district for illuminated billboard (east) 150’ 120’ east 0’ south Allowed Uses All C-2 allowed uses • Greenhouse or commercial nursery • Nursery flower and plant stands, including incidental sales of equipment and supplies • Event facility for classes • Single family residential • Offsite advertising (billboards) • Office • Wireless communications facilities (WCF) • Accessory buildings and uses incidental to the above Existing On-Site and Adjacent Zoning / Land Use: 5. On-site: Rural-43 / Single-family residential and ancillary agriculture/nursery North: Rural-43 / House of worship South: AG-1 (City of Chandler) / Agriculture East: Rural - 43/ Single-family residential West: McQueen Rd. then Rural-43 / House of worship Z2024055 Page 5 of 12 Utilities and Services: 6. Water: City of Chandler Wastewater: On-site septic School District: Chandler Unified School District Fire: Rural Metro Fire Police: Maricopa County Sheriff’s Office Right-of-Way: 7. 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 McQueen Rd 65’ 65’ Principle Arterial Adopted Plans: 8. Vision 2030 Comprehensive Plan (adopted January 13, 2016): The subject site is not within an area plan. The comprehensive plan designates all areas outside of an area plan to be as a rural development area which is only appropriate for rural land uses and rural zoning. The plan also highlights the need for aiding in municipal annexations whenever possible to eliminate existing county islands. 9. City of Chandler General Plan 2016 (adopted April 14, 2016): The Neighborhood land use designation calls for a variety of residential densities and uses complementary to residential neighborhoods. The general plan also designates the subject parcel as within the Chandler Airpark growth area, which supports a range of uses including residential, office, and commercial. It is noteworthy that the bulk of the growth area is designated with the higher intensity land use designation of “employment”. 10. The image on the next page is a snippet of the Future Land Use Map found within the Chandler General Plan 2016. The mustard color represents the neighborhoods land use designation, while the gray-purple color represents the employment land use designation. The areas within the blue boundary lines are identified growth areas. The subject site is located approximately where the red star is superimposed on the graphic. Z2024055 Page 6 of 12 Excerpt from City of Chandler Future Land Use Map 11. City of Chandler Airpark Area Plan (adopted October 14, 2021): The area plan aims to encourage high quality development including aviation-related uses, commercial, and manufacturing uses that are conducive to the Chandler Municipal Airport long-term operations while maintaining the quality of life for residents within the Airpark Area. Specifically, the Residential District designation calls for maintaining conditions that enable high quality residential communities. Non-residential uses that abut areas designated as residential must include adequate buffering and separation to reduce impacts of noise, light, and traffic. Staff notes the Chandler Airpark Area Plan is more recent than the Chandler General Plan 2016. 12. It is noteworthy that the land use designations available within the Airpark Area Plan are more nuanced than the ones within the City of Chandler General Plan. As shown in the Airpark Area Plan future land use map on the next page, the subject area is designated as residential district. Z2024055 Page 7 of 12 Chandler Airpark Area Plan Future Land Use Map Public Participation Summary: 13. The applicant has satisfied and exceeded the minimum statutory requirements for public participation. The site has been posted in two locations, one along McQueen Rd, and one on Oriole Way and with notice sent to property owners, registered areas of interest notified of the application via USPS mail. Additionally, the applicant hosted two neighborhood meetings, which were conducted virtually, both of which occurred on July 31, 2024. In total, seven neighbors attended the meetings. 14. Applicant provided transcripts from the neighborhood meetings stating that attendees had concerns over potential for a billboard on site, traffic concerns, and fear that a zone change on the subject site could lead to further intrusion of commercial uses into the residential neighborhood. As of writing of this report staff received one phone call of opposition, which mirrored these concerns. Outstanding Concerns from Reviewing Agencies: 15. N/A Staff Analysis: 16. The site has frontage along McQueen Rd. but is directly accessed from and fronts onto Oriole Way. This is a residential street. The site is near existing single-family homes to the east along this street. Other surrounding uses are non-residential. There is a large high-density agricultural operation to the immediate south. A church across the street to the north, and a church across Z2024055 Page 8 of 12 the the arterial to the west. Mesquite Park is located approx. 325’ to the northwest and an equestrian trail, following the canal approx. 470’ to the east. 17. Staff has concern with several of the proposed setback and separation distances. First, the applicant is requesting a zero-foot street side setback for an existing carport structure on the western side of the property. Staff sees no reason to memorialize this as a zoning district development standard which will live in perpetuity. The unpermitted carport can be removed or modified/relocated to comply with setback requirements. Said carport first appeared in aerial photos in 2022 and has no permit record. 18. The applicant is also seeking an eight-foot setback for the existing grow room on the eastern portion of the property (subsequent alterations to the structure were conducted without the benefit of an approved permit). This structure was initially permitted and approved in this location. Staff notes that the existing Rural-43 zoning does allow for accessory structures in this location, however the proposed C-2 zoning would require a 10-foot setback from residential or rural zoning districts. The applicant’s narrative states this structure would be used for commercial purposes, including potentially being the host structure for classes on site. The east side of the subject site is the only periphery adjacent to residential use. Staff has concern reducing setback requirements to allow a commercial structure closer to an established residential property. The requested one-foot setback for the existing greenhouse also raises potential building code/fire safety concerns, but this will be addressed with commercial construction permitting. 19. Staff also has concerns over the proposed reduction in screening requirements to the south and east, especially in conjunction with the proposed reduced setback for the grow room. Staff is concerned about both the visual intrusion under-screened commercial uses may impose on the residence to the east but also over the potential for increased noise permeance the requested screening reduction may allow. Additionally, staff has some concern over the reduction in parking surface to allow for either asphalt millings or crushed granite. While the requested surface reduction may be appropriate for the nursery operation on site, staff has concern over the dust impact a commercial property may have with unpaved parking near residential properties. 20. The three images on the next page show site progression over recent years. The first aerial on the left is from 2021 and depicts the site prior to any recent improvements. The middle image is from 2022 and shows the addition of the carport, as well as the greenhouse. The image on the right is the most recently available 2024 aerial image and shows the grow room as well as the fruit growing operations in the center of the site. Z2024055 Page 9 of 12 Aerial images from 2021 (left), 2022 (middle), and 2024 (right) 21. All of the proposed uses to be entitled with the C-2 CUPD zoning can be accommodated via SUP except for a billboard. The location is along an arterial but not at an arterial or collector intersection but rather along a local street that provides access to the site. At some point in the future the larger area between McQueen Rd. and the airpark will redevelop, thus commercial zoning at the subject site is ultimately appropriate. 22. The site is adjacent to a church to the north, a church to the west (across McQueen Rd.), is near Mesquite Park to the northwest, about a quarter mile from a linear park to the north, and the Paseo Trail to the east, in addition to neighboring residences. A billboard is proposed as an entitled use in the C-2 CUPD zoning district. The ordinance affords no protection to a church or house of worship from a proximate billboard. The ordinance does prohibit billboards from within 500’ of a park, and the applicant has not sought to vary this standard. This relegates a potential billboard to the southwest quadrant of the site / proposed C-2 CUPD zoning district. 23. There is concern a billboard may prove to be an intrusion upon adjacent residential properties. This is exacerbated by the applicant’s request to reduce the separation of an illuminated billboard from rural or residential zoning from 150’ to 120’ east and 0’ south. The applicant did not provide reasoning nor justification for the proposed reduction in billboard separation standards. Staff believes the requested separation is unnecessary if a billboard is limited to the site’s southwest quadrant. At present there is no adjacent residential zoning. The separation from rural zoning only applies if there is a residential use established on the parcel in a rural zoning district. Only the parcels to the east are zoned Rural-43 with single-family homes. The parcel to the south is zoned Rural-43 but presently contains a high-density agricultural operation. Staff has recommended a condition of approval to limit billboard lighting so that it shuts off between 11pm and sunrise. Z2024055 Page 10 of 12 24. The C-2 CUPD zoning will permit an illuminated billboard up to 30’ in height with a sign face up to 300 sq. ft. of sign area located in the southwest quadrant of the site at least 120’ from the east lot line. Staff notes the applicant has not requested a reduction in the minimum separation distance of a billboard to a park facility, limiting the location of a billboard to the southwestern corner of the site. The aerial below highlights the subject site’s midblock location as well as the proximity to parks, churches, residential properties, and trails. 2024 Aerial with Measurements to Park Amenities Z2024055 Page 11 of 12 25. At first blush the proposed zone change seems out of line with the Chandler Airpark Area Plan. The area plan calls for the existing residential areas within the planning area to not be imposed upon by the encroachment of higher intensity commercial uses that may not be compatible with residential uses. 26. In discussion with the applicant, staff agree this segment along McQueen Rd. is become the light industrial sector of south Chandler. In the greater area is the Chandler Airpark, the City’s solid waste transfer station, the City’s wastewater treatment plant, an Amazon distribution center and several more light industrial projects. Chandler’s recently adopted Airpark area plan sets the land use for the surrounding area of McQueen Rd. as an Innovation District. Appropriate uses in Innovation District are low to moderate intensity flexible, creative office and business park development and prohibits the development of any residential uses. Commercial zoning in this area is appropriate. 27. The site is proposed to be served via on-site septic. Staff notes that the uses and intensities suggested in the narrative can be accommodated by an on-site septic system. Connection to the City’s sewer system will be necessary for higher intensity development. Therefore, the CUPD proposal limits entitled uses. This is consistent with the county comprehensive plan’s policy calling for urban level of development to have urban level of services. The narrative states the site is serviced by City of Chandler water. 28. Commercial zoning is appropriate, at this time, with limited uses. Commercial zoning with less restriction will become more appropriate at some point in the future with larger redevelopment in the area. Recommendation: 29. Staff recommends the Commission adopt a motion that the Board of Supervisors approve Z2024055 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit for Chandler Fruit Nursery“, consisting of 1 full-size sheet, dated October 8, 2024 and stamped received October 10, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezone Narrative for Chandler Fruit Nursery”, consisting of 8 pages, dated October 7, 2024, and stamped received October 10, 2024, except as modified by the following conditions. c. The following CUPD standards shall apply: 1. Minimum street side setback: 10’ (except 0’ for existing carport) 2. Minimum side yard setback from rural or residential zoning districts: 10’ (except 8’ for existing grow room, and 1’ for existing greenhouse) 3. Minimum parking surface: asphalt millings or crushed granite 4. Minimum site screening: Chain-link fence with privacy screen (south and east) 5. Minimum setback for illuminated billboard from residential zoning or rural zoning with residential use: 120’ (east), 0’ south Z2024055 Page 12 of 12 6. All billboard lighting shall be shut off between 11pm and sunrise. 7. The CUPD shall limit entitled uses to the following – until such time as the site is served by public sewer or has been effectively annexed into the City of Chandler: a. Greenhouse or commercial nursey b. Event facility for classes c. Single family residential d. Offsite advertising (billboards) e. Office f. Wireless Communications facility (WCF) g. Accessory buildings and uses incidental to the above d. The following Planning Engineering condition shall apply: 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 tie of application for construction. e. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. f. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation of the zone change with overlay. The zone change with overlay enhances the value of the property above its value as of the date the zone change with overlay is granted and reverting to the prior zoning results in the same value of the property as if the zone change with overlay had never been granted. Presented by: Joseph Mueller, Planner Reviewed by: Rachel Applegate, Planning Supervisor Attachments: Case Map (1 page) Zoning Exhibit (reduced 8.5”x11”, 1 page) Narrative Report (8 pages) MCESD comments (1 page) DPR comments (1 page) Maricopa County Building Plan Review Comment (1 page) / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 3 approx. Generated October 16, 2024 1:48 PM Z2024055 Application Name: Legal Description McQueen Oriole Commercial Applicant Case Address 2S 5E 11 Jessica Sarkissian 19641 S Mcqueen RD Applicant Phone/Email Parcel Primary:303-32-021C 4802216150 jessica@upfrontplanning.com Chandler, AZ 85286 Map scale 1:918 Supervisor District No. ZC With Overlay Rezone Narrative Maricopa County 1 REZONE NARRATIVE FOR CHANDLER FRUIT NURSERY Submitted to: Maricopa County Planning Department 301 West Jefferson St, Suite 170 Phoenix, AZ 85003 Prepared by: Upfront Planning & Entitlements, LLC Phone: (480) 221-6150 Email: Jessica@upfrontplanning.com October 7th, 2024 Rezone Narrative Maricopa County 2 1. REQUEST Upfront Planning & Entitlements, LLC is pleased to submit for your consideration a request for a rezone to C-2 (Intermediate Commercial) CUPD on approximately 1.44 gross acres along McQueen Road in the Chandler area near the Chandler Municipal Airport for the Chandler Fruit Nursery without a POD. The property is located at: 19641 S McQueen Rd located along McQueen Road and E. Oriole Way and is identified as Maricopa Assessor Parcel Number 303-32-021C (the “Property”). The Property is located within unincorporated Maricopa County (the “County”) and is zoned as RU-43. The property owner requests to rezone the parcel for mid intensity commercial uses similar to other properties along McQueen Road. 2. BACKGROUND The neighboring properties are zoned AG-1/ PA and RU-43 with existing single-family residences, a church, a city park and the Chandler Municipal Airport in the vicinity. The site is currently utilized as a single-family residence with a Fruit Nursery. The property owners plan to further commercialize the site with commercial use associated with the nursery such as classes, events, and selling associated items for maintaining fruit trees and jarring the fruit. The property is situated in close proximity to employment and medium density-zoned parcels to the south and west along McQueen Road as well as the airport to the east. Furthermore, the parcel directly aligns with the City of Chandler's General Plan Neighborhood land use designation for neighborhood commercial use and the close proximity to the Chandler Airpark Growth Area. This designation emphasizes serving the commercial needs of nearby residential areas, making the fruit nursery with classes and sales a fitting addition to the neighborhood's Rezone Narrative Maricopa County 3 amenities. The property owner intends to leverage the parcels proximity to the major roadway to enhance the aesthetic of the area from the street view and position the nursery as a community asset, providing both economic opportunity and valuable services to residents. Currently the closest community nursery is over 9 miles away from this site. This proposed use is consistent with the needs of the community and the uses surrounding the site. 3. PROPOSAL The property owner requests a rezoning from RU-43 (Rural-43 Residential) to C-2 (Intermediate Commercial) CUPD without a POD to allow the site to be used for restricted commercial uses. The existing structures onsite include a gazebo located directly south of the residence and a greenhouse and barn that is oriented northeast of the property along the east parcel boundary. The gazebo is an accessory structure that serves as an outdoor seating area for the property owners personal use and a greenhouse will be used to store the equipment necessary to maintain and upkeep the open-air fruit nursey located in the rear yard. The owner intends to continue the fruit nursery and retail sales while adding classes on maintaining fruit trees, jarring and other classes as well as selling items required for maintaining fruit trees to provide fresh local produce opportunities to the community. Additionally, they would like the option to bring in a speaker series on keeping fruit trees and other items as they grow. The proposed operation envisions expanding to 5 part- or full-time employees to serve the customers, hold classes, and sell and maintain the fruit trees. Access for guests is located off of Oriole Way and parking is located in front of the rear access gate to the yard. These areas shall have approved dust control surfaces in the parking area as approved by the county such as stabilized decomposed granite. The main building will still be utilized by the owner for their primary residence and no customers will be allowed within the home or have access. Guests will park in a separate area from the residence parking area just off of Oriole Way. Signage shall be provided onsite to direct people to the parking area and the fruit nursery location behind the residence. The nursery is located in the Chandler Airpark growth area where employment opportunities and transitionary areas around the airport have been prioritized. The nursery is perfectly in line with the goals of the Chandler General Plan and the Chandler Airpark Growth Area as it provides a place of employment, a destination for the local community and will help with reimagining the area by providing retail and entertainment opportunities as laid out in the Chandler General Plan. Deviations are proposed to address the concerns of neighbors and to keep the property residential in appearance such as limiting the permitted uses, continuing to provide decomposed granite or asphalt millings for the property and on the existing easement in keeping with the rural community feel, maintaining the existing carport as well as the existing fencing and walls around the property. The use of decomposed granite or asphalt millings for the access road and parking area is intended to retain the rural character of the area along Oriel and keep inline with the surrounding residential and church properties along Oriel. This is supported by the fact the northern adjacent property is a Church which hosts community members regularly and uses the same unpaved easement as well Rezone Narrative Maricopa County 4 as an unpaved parking area. Keeping the area unpaved and using decomposed granite will retain the character while also reducing the dust produced. Deviations to the setbacks are requested to maintain the existing residential home and accessory buildings on site such as the greenhouse and the existing carport which serves the home. Ther existing carport on the property has a 0’ setback which is set adjacent to the solid masonry fence along McQueen, however this structure will not interfere with the use of the property and will not be used for parking by customers or be a part of the nursery use in any way. The existing greenhouse will be operating for the nursery use, however it is located adjacent to a 6’ tall solid masonry fence buffering the adjacent residence from its use. Deviations to the fencing are proposed to simply be in line with the existing fencing on site. There is an existing 6’ block wall on the west facing side of the property facing McQueen as well as on the north and front of the property along Oriole. On the east side there is 150’ of a 6’ block wall that extends from the front property line along Oriole to the south where it then turns into a chain link fence where the rear properties area. The south side of the property is lined by a chain link fence that also abuts the existing irrigation canal which is used to irrigate the site. This fencing is sufficient because it does provide a visual barrier from McQueen, Oriole and from the neighbor’s house to the east while maintaining access to the irrigation canal and easement for maintenance. 4. RELATIONSHIP TO SURROUNDING PROPERTIES The directly surrounding parcels of the property consist Residential zoning, Agricultural zoning, and the Victory Life Church. While the direct surrounding parcels to the north, west, and east are all located within the County and zoned RU-43, to the south is the City of Chandler which is zoned for agricultural with a proposed commercial development. Mixed in the area is nearby parks, churches and light industry cohesive with the nearby Chandler Municipal Airport. This use is a good transition from the more intense airport industrial and proposed commercial uses to the county rural residential homes while still maintaining the single-family residence. The Comprehensive/ General Plan Land Use classifications, along with the existing zoning and uses for the parcels adjacent to the Property, are listed in the following table: Adjacent Land Uses Direction General Plan Land Uses Existing Zoning Existing Use North City of Chandler Neighborhoods Maricopa County RU-43 Rural Residential East City of Chandler Neighborhoods Maricopa County RU-43 Rural Residential South City of Chandler Employment City of Chandler AG-1/ Commercial PAD Agricultural/ Commercial PAD West City of Chandler Employment Maricopa County RU-43 Rural Residential, Agricultural 5. ZONING The proposed project to rezone the site to Commercial C-2 CUPD zoning will permit the property owners run a business appropriately following Maricopa County standards. The parcel is located directly adjacent to McQueen Road and just West of the Chandler Municipal Airport making the Rezone Narrative Maricopa County 5 parcel a prime location for C-2 zoning. The site is located near a mixture of agricultural, parks that are surrounded by existing Rural residential. Rezone Narrative Maricopa County 6 Development Standards Base C-2 Development Standards Proposed C-2 CUPD Development Standards Front Yard – Abutting any major street 25-feet Minimum 25-feet Minimum Side Yard – abutting Residential 10-feet Minimum 10-feet Minimum 1-foot for existing greenhouse 8-feet for existing grow room Side Yard – abutting McQueen Road 10-feet Minimum 0-feet for existing carport 10’ Minimum all other buildings Rear Yard Setback adjacent to Residential 25-feet Minimum 25-feet Minimum Max. Building Height 40’ except that the height of any building or structure closer than 40 feet to any rural or residential zone boundary shall not exceed the distance from said building or structure to the zone boundary. Streets or alleys may be included in calculating distance 40’ except that the height of any building or structure closer than 40 feet to any rural or residential zone boundary shall not exceed the distance from said building or structure to the zone boundary. Streets or alleys may be included in calculating distance Accessory Structures Setback 3-foot Minimum 3- foot Minimum Parking Requirements One per 250 square feet of indoor floor area + one per 5,000 square feet of outside display area. One per 250 square feet of indoor floor area + one per 5,000 square feet of outside display area. Parking and Driveway Aisles Surfaces Pavement or asphalt Alternative dust control measures such as decomposed granite or asphalt millings Site Enclosure and Screening – whether abutting a Rural zoning district or not A 6’ solid wall A 6’ solid wall along the north and west side and a 6’ fence with privacy screening along the south and east side. Minimum rural/ residential zoning district/ residential use separation for illuminated billboard on the east side 150’ 120’ Minimum rural/ residential zoning district/ residential use separation for billboard onsouth side of lot 100’ 0’ Permitted Uses See MCZO Art. 805.2 for allowed uses Greenhouse or Commercial Nursery Nurseries, flower and plant stands, provided all incidental Rezone Narrative Maricopa County 7 equipment and supplies including fertilizer and empty cans Small Event Facility for classes Single Family Residential Billboards per MCZO Wireless Communications Facilities per MCZO Rental Service for household, lawn or garden equipment Office Accessory buildings/ uses incidental to the above 6. LOCATION AND ACCESSIBILITY McQueen is within the City of Chandler planning boundary, with primary access from the neighborhood road along E Oriole Way. 7. DEVELOPMENT SCHEDULE The applicant anticipates that development plans will be submitted as soon as the C-2 CUPD zoning is approved. 8. COMMUNITY FACILITIES AND SERVICES _ This project is not anticipated to generate any demand for the school district. Water City of Chandler Sewer Existing Septic Police Maricopa County Sheriff Fire Rural Metro Fire Electric SRP Natural Gas Southwest Gas Telephone Cox / Century Link Refuse Waste Management 9. CONCLUSION The proposed rezoning will allow the site to utilize land in association with the surrounding developing commercial and industrial uses along McQueen Road to provide services to the local community while providing a good transition from the more intense airport industrial and proposed commercial uses to the county rural residential homes while still maintaining the single-family residence. The rezoning will allow the parcel to be used as depicted within the Maricopa County Comprehensive Plan and Chandler General Plan, and is consistent with the surrounding development occurring in the area, which has a mix of land uses in the area while maintaining the rural residential character. This use provides an appropriate transition from the residential land Rezone Narrative Maricopa County 8 uses to the north to the commercial and industrial areas to the south while providing a community need increasing the availability of fresh fruit to the area and community interaction. KZ/K> tz ^͘DYh EZK Page | 1 Subdivision Infrastructure & Planning Program 301 W. Jefferson St. Phoenix, AZ 85003 S u b d i v i si o n @m ar i co p a.g o v esd .m ar i co p a.g o v The Maricopa County Environmental Services Department (MCESD) has completed review for the 19641 S McQueen Road planning case(s). Please note the following MCESD requirements for site development: Onsite Wastewater – A Notice of Intent to Discharge application for an onsite wastewater treatment (septic) system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. • Wastewater is not permitted to discharge to an adjacent parcel’s septic system. A Minor Plan Review application must be submitted for any existing system(s) if being utilized and if the applicant believes the existing system(s) are adequate in size to support the new use; otherwise, a new septic permit/install may be required. For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506- 6666 or by email at septicquestions@maricopa.gov. Additional Notes – Environmental Services does not require these items for condition of approval of Z2024055, however these items must be addressed with the development of the site. Environmental Services does not require additional review of this case. *It should be noted that this document does not approve the referenced project. Comments are provided for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County Planning and Development Department. Other Maricopa County agencies may have additional requirements. Final review and approval will be made through Planning and Development Department procedures. Applicant may need to submit separate applications to the Maricopa County Environmental Services Department for approval of proposed facilities regulated by the Department. Review of any such application will be based on current regulations at the time of application. Project Name: 19641 S McQueen Road Primary Contact Name: Jessica Sarkissian Planning Application Type: Zone Change with Overlay APN(s): 303-32-021C Reviewer: Ryan Hall, P.E. Email: Ryan.Hall@maricopa.gov Phone: 602-918-1241 Planner Name: Joseph Mueller Planning Case #: Z2024055 Date: May 29, 2024 Water and Waste Management Division Kevin Amoroso, P.E. Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: 602-619-9674 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: Kevin.Amoroso@maricopa.gov Planning & Development Engineering Plan Review Date: 06/18/2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joseph Mueller, Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Manager, Planning & Development Doug Jones, PE, CFM, Engineering Supervisor, Planning & Development From: Kevin Amoroso, PE, Plans Examiner Engineer, Planning & Development Subject: Z2024055 - Chandler Fruit Nursery APN(s): 303-32-021C Engineering Review has reviewed the first plan and report routed for review on 05/06/2024, for the subject application and has the following objections: 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. Please contact me if you have any questions or require any additional information. Planning & Development Building Plan Review Mark Sipes, PE, SE, CBO Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 506.7145 www.maricopa.gov/planning Email address: mark.sipes@maricopa.gov Date: 18 Jun 2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joseph Mueller, Planner, Planning & Development Services From: Mark Sipes, P.E., S.E., CBO, Chief Building Official, Planning & Development Services cc: Toral Patel, Building Examiner Supervisor Oscar Torres, Building Examiner Supervisor Subject: Z2024055 Zone Change to C-2 for sales APN(s): N/A Building Review has reviewed the first submittal plan and report for the subject application and has the following comments: BUILDING PLAN REVIEW 1. The currently adopted building codes are the ICC 2018 IBC, IPC, IMC, IEBC and the 2017 NEC. 2. Plumbing fixtures per the IBC and IPC are required. 3. Residential buildings used for public access requires a change of occupancy. 4. ADA routes on site are required. 5. Please consult with fire authority having jurisdiction regarding the permits for fire department access and systems requirements including sprinklers and alarms. This appears to be located in the Chandler Island Fire District. DATE: November 7, 2024 TO: Planning & Zoning Commission From: Joseph Mueller, Planner SUBJECT: Z2024055 – McQueen Oriole Commercial Agenda Item: 3 Since the writing of the staff report staff received four letters of opposition with signatures from 10 residents as well as one letter in support. The opposition sited concern over any commercial use of the property and a wish for the site and neighborhood to remain residential. The letter of support specifically expressed desire for expansion of the fruit nursery on site. The letters are attached. Attachments: Opposition Letters (4 pages) Support Email (1 page) 1 Joseph Mueller (PND) From: Rachel PT A <ragetea@gmail.com> Sent: Tuesday, November 5, 2024 1:27 PM To: Joseph Mueller (PND) Subject: Plan Number Z2024055 - Chandler Fruit Nursery 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. Dear Mr. Mueller, I am writing regarding Chandler Fruit Nursery's request for a zone change to commercial. As an avid gardener and supporter of small businesses, I urge you to grant Chandler Fruit Nursery's request. Chandler Fruit Nursery provides a service assisting home gardeners in their quest to grow their own fruits and vegetables. As we know, average temperatures in the Valley continue to grow due to urban sprawl. Encouraging homeowners to grow trees in a water-responsible manner can help combat these temperature increases. Thank you for your consideration of my request. Regards, Rachel Aw DATE: November 7, 2024 TO: Planning & Zoning Commission From: Joseph Mueller, Planner SUBJECT: Z2024055 – McQueen Oriole Commercial Agenda Item: 3 Since the writing of the first handout staff received one additional letter of opposition. The opposition sited concern over commercial use of the property and a wish for the site and neighborhood to remain residential. The letter of support specifically expressed desire for expansion of the fruit nursery on site. The letter is attached. Attachments: Opposition Letter (1 page) 1 Joseph Mueller (PND) From: Kimberly Tarwater <tarh20x6@yahoo.com> Sent: Tuesday, November 5, 2024 4:22 PM To: Joseph Mueller (PND) Subject: Plan Zone Z2024055 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. Hello, My name is Kim Tarwater. My husband, Robert "Neal" Tarwater and myself will be attending the Webinar on Thursday for the Fruit Nursery that is on our street. Our address is 12045 E. Oriole Way, Chandler Az. 85286 We are not real happy with the request to zone the fruit nursery commercially... We are a county island, have been since we built our home in 1988. We understand that the owner of the property, once he has gone commercial, wants to have a big sign installed that will generate income for him... It will be a big eye sore, not to mention that we do not have street lights. We do not want them... It is, like I said, a County Island. We do recognize the Industrial land that surrounds us, but don't want it to bleed onto our street! Please make note of this, we will be attending the meeting and hope our voices will be heard. Thank You, Kim Tarwater 480-797-8009