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October 7, 2020
TA2019003
Page 1 of 1
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 7, 2020
Case #/Title:
TA2019003 – Home Based Business
Supervisor District:
All
Applicant:
Commission-initiated
Request:
Text Amendment to amend Chapter 5, Rural-190 Rural
Zoning District, Section 501, Articles 501.2.10 & 501.2.18 and
Chapter 6 Single Family Residential R1-35 Zoning District,
Section 601, Articles 601.2.8 & 601.2.14. of the Maricopa
County Zoning Ordinance (MCZO).
EROP:
This item is being processed through the County’s Enhanced
Regulatory Outreach Program (EROP). This matter was
discussed at the February 27, 2020 Stakeholder meeting.
Municipal Comments:
No comments received from EROP Notification process.
Support/Opposition:
1 e-mail in opposition received after the February 27, 2020
Stakeholder meeting.
Additional
Comments:
Proposed verbatim language is attached to the Commission
report.
Commission
Recommendation:
On 9/10/20, the Commission voted 6-0 to recommend
approval of TA2019003.
Presented by:
Rachel Applegate, Senior Planner
Reviewed by:
Darren Gérard, AICP, Deputy Director
Attachment:
9/10/20 P&Z Packet (21 pages)
Note:
9/10/20 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
TA2019003
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
TA2019003 – Home Base Business
Hearing Date:
September 10, 2020
Supervisor District:
All
Applicant:
Commission-initiated
Request:
Text Amendment to amend Chapter 5, Rural-190 Rural Zoning
District, Section 501, Articles 501.2.10 & 501.2.18 and Chapter 6 Single
Family Residential R1-35 Zoning District, Section 601, Articles 601.2.8 &
601.2.14. of the Maricopa County Zoning Ordinance (MCZO).
EROP:
This item is being processed through the County’s Enhanced
Regulatory Outreach Program (EROP). This matter was discussed at
the February 27, 2020 Stakeholder meeting.
Municipal Comments:
No comments received from EROP Notification process.
Support/Opposition:
1 e-mail in opposition received after the February 27, 2020
Stakeholder meeting.
Recommendation:
Approval
Discussion:
This text amendment will amend the Maricopa County Zoning Ordinance (MCZO), Chapter 5
Rural-190 Rural Zoning District, Section 501, Articles 501.2.10 & 501.2.18 and Chapter 6 Single
Family Residential R1-35 Zoning District, Section 601, Articles 601.2.8 & 601.2.14.
This amendment will add language to the existing home occupations to include immediate
family to the non-resident employees permitted within the Maricopa County Zoning Ordinance
and will eliminate the Home Occupation and Home Daycare land use applications. This
amendment is necessary to bring the ordinance into alignment with state law.
Comments:
An e-mail was received from Kip Micuda with Hildebrand Law, P.C. indicating the proposed
changes goes beyond statute. The e-mail indicated that the proposed language would allow
for unlimited employees if someway related to occupants. The relation effectively removes the
limit the original rule imposed (see attached e-mail and memo). Staff responded that the
proposed text amendment would bring the MCZO in alignment with current state law, ARS §11-
820.6.
Proposed changes are shown in legislative edit format. New language to be added is
underscored in blue font. Language to be deleted is struck through in red font.
TA2019003
Page 2 of 8
SECTION 501. RURAL-190 (Rural Zoning District - 190,000 Square Feet Per
Dwelling Unit)
ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for
the following purposes:
10. Home occupations, subject to the following:*10, *39, *41
a.
The entrepreneur of a home occupation shall reside in the
dwelling on the property in which the business operates.
b.
The number of persons who are employed in connection
with the occupants, but who are non-residents of the
dwelling on the property in which the business operates,
shall not exceed three, UNLESS THE NON-RESIDENT
EMPLOYEES ARE AN IMMEDIATE FAMILY MEMBER
(SPOUSE, CHILD, SIBLING, PARENT, GRANDPARENT,
GRANDCHILD, STEP PARENT, STEP CHILD, STEP
SIBLING) WHETHER RELATED BY ADOPTION OR
BLOOD.
c.
The business shall be conducted entirely within a completely
enclosed building, other than allowance for limited outdoor
storage per item ‘n’ below. Physical business activity other
than storage may occur within the area described per item
‘n’ below except that no mechanical equipment or power
tools shall be operated out of doors, and in no instance shall
any outdoor activity exceed the height of screening and not
to exceed eight (8) feet.
d.
The home occupation shall not interfere with the delivery of
utilities or other services to the area.
e.
The business shall not generate any noise (if the noise
would be considered to have an adverse impact on the
surrounding residential neighborhood per the Maricopa
County Noise Ordinance), vibration, smoke, dust, odors,
heat, glare, or electrical interference with radio or television
transmission in the area that would exceed that normally
produced by a dwelling unit in a zoning district used solely
for residential purposes.
f.
No mechanical equipment or power tools shall be used,
except that used for normal household purposes if the noise
would be considered to have an adverse impact on the
TA2019003
Page 3 of 8
surrounding residential neighborhood per the Maricopa
County Noise Ordinance.
g.
No toxic, explosive, flammable, radioactive, or other similar
material shall be used, sold, or stored on the site.
h.
There shall be no change to the residential appearance of
the premises, except that a separate business entrance shall
be permitted. A maximum four (4) square foot sign shall be
permitted, and the sign shall otherwise meet the
requirements of Article 1402.2 of this Ordinance.
i.
Unless a passenger vehicle accessory to the residence or an
employee, not more than one vehicle used in commerce
shall be permitted in connection with the home occupation.
Said vehicle shall be stored in an enclosed garage.
j.
The number of customers, clients, or students on the
premises shall not exceed five at any time.
k.
No non-resident employees, customers, clients, or students
shall be permitted on the premises for business purposes
between the hours of 10:00 p.m. and 7:00 a.m.
l.
Deliveries from commercial suppliers (vehicle weight greater
than 10,000 lbs.) shall not restrict traffic circulation, and
shall occur between 8:00 a.m. and 5:00 p.m., Monday
through Friday.
m.
If the home occupation requires that any non-resident
employees, customers, clients, or students visit the property,
a minimum of one (1) additional off-street parking
space shall be provided per Chapter 11, Section 1102. of
this Ordinance. The maximum number of additional off-
street parking spaces permitted shall be six.
n.
The outdoor storage of materials shall be limited to a
maximum of 25% of the total lot area and shall not be
located within any required front or street side yard. Any
outdoor storage shall be completely fenced with a solid
masonry wall or wood fence to obstruct the view to a height
equal to the elevation of the tallest materials to be stored
with a maximum height of stored materials of eight feet.
o.
All outdoor lighting shall be shielded so as not to direct or
reflect light upon adjoining land, shall not be constructed
TA2019003
Page 4 of 8
within 20 feet of any adjoining property under other
ownership, and shall not exceed 20 feet in height.
p.
A Home Occupation Conditional Use Permit issued to one
person shall not be transferable to any other person, is not
attached to the land; and is not transferable from one place
of residence to another.
q.
The home occupation shall not begin operation without an
approved Conditional Use Permit per Section 1303 of this
Ordinance. However, IF these conditions cannot be met,
a Special Use Permit per Section 1301 of this Ordinance
shall be required.
18.
Home daycare for up to four (4) children with the following
stipulations:
*29
a.
A land use permit from Maricopa County is required establishing
the use of the residence as day-care.
b.
The permit holder OWNER/OPERATOR of the daycare shall
reside in the dwelling unit in which the daycare operates.
c.
The rear and/or side yard is enclosed and provides a minimum
of 75 sq. ft. per each child occupying the outdoor activity area.
d.
There shall be no signs, advertising, display or other indications
of the daycare on the premises.
e.
The total number of children under compensated care shall not
exceed four (4) at any one time.
f.
The residential address of the business shall not be listed in any
business directly or in any advertising.
g.
There shall be no change to the residential appearance of the
premises, including the creation of separate or exclusive business
entrance(s).
h.
No pick-up or drop off of children shall be permitted on the
premises between the hours of 10:00 p.m. and 6:00 a.m.
TA2019003
Page 5 of 8
SECTION 601. R1-35 (Single-Family Residential Zoning District -
35,000 Square Feet Per Dwelling Unit)
ARTICLE 601.2.
USE REGULATIONS: A building or premises shall be used only for the
following purposes:
8.
Home occupations, subject to the following:*11, *42,*44
a.
The entrepreneur of a home occupation shall reside on the
property in the dwelling in which the business operates.
b.
The number of persons who are employed in connection with
the occupants, but who are non-residents of the dwelling on
the property in which the business operates, shall not exceed
three, UNLESS THE NON-RESIDENT EMPLOYEES ARE
AN IMMEDIATE FAMILY MEMBER (SPOUSE, CHILD,
SIBLING, PARENT, GRANDPARENT, GRANDCHILD,
STEP PARENT, STEP CHILD, STEP SIBLING) WHETHER
RELATED BY ADOPTION OR BLOOD.
c.
The business shall be conducted entirely within a completely
enclosed building, other than allowance for limited outdoor
storage per item ‘n’ below. Physical business activity other
than storage may occur within the area described per item ‘n’
below except that no mechanical equipment or power tools
shall be operated out of doors, and in no instance shall any
outdoor activity exceed the height of screening and not to
exceed eight (8) feet.
d.
The home occupation shall not interfere with the delivery of
utilities or other services to the area.
e.
The business shall not generate any noise (if the noise would
be considered to have an adverse impact on the surrounding
residential neighborhood per the Maricopa County Noise
Ordinance), vibration, smoke, dust, odors, heat, glare, or
electrical interference with radio or television transmission in
the area that would exceed that normally produced by a
dwelling unit in a zoning district used solely for residential
purposes.
f.
No mechanical equipment or power tools shall be used except
that used for normal household purposes if the noise would be
considered to have an adverse impact on the surrounding
TA2019003
Page 6 of 8
residential neighborhood per the Maricopa County Noise
Ordinance.
g.
No toxic, explosive, flammable, radioactive, or other similar
material shall be used, sold, or stored on the site.
h.
There shall be no change to the residential appearance of the
premises, except that a separate business entrance shall be
permitted. A maximum four (4) square foot sign shall be
permitted, and the sign shall otherwise meet the requirements
of Article 1402.2 of this Ordinance.
i.
Unless a passenger vehicle accessory to the residence or an
employee, not more than one vehicle used in commerce shall
be permitted in connection with the home occupation. Said
vehicle shall be stored in an enclosed garage.
j.
The number of customers, clients, or students on the premises
shall not exceed five at any time.
k.
No non-resident employees, customers, clients, or students
shall be permitted on the premises for business purposes
between the hours of 10:00 p.m. and 7:00 a.m.
l.
Deliveries from commercial suppliers (vehicle weight greater
than 10,000 lbs.), shall not restrict traffic circulation and shall
occur between 8:00 a.m. and 5:00 p.m., Monday through
Friday.
m.
If the home occupation requires that any non-resident
employees, customers, clients, or students visit the property, a
minimum of one (1) parking space shall be provided per
Chapter 11, Section 1102 of this Ordinance. The maximum
number of additional off-street parking spaces permitted shall
be six.
n.
The outdoor storage of materials shall be limited to a
maximum of 25% of the total lot area and shall not be
located within any required front or street side yard. Any
outdoor storage shall be completely fenced with a solid
masonry wall or wood fence to obstruct the view to a height
equal to the elevation of the tallest materials to be stored with
a maximum height of stored materials of eight feet.
o.
All outdoor lighting shall be shielded so as not to direct or
reflect light upon adjoining land, shall not be constructed
TA2019003
Page 7 of 8
within 20 feet of any adjoining property under other
ownership, and shall not exceed 20 feet in height.
p.
A Home Occupation Conditional Use Permit issued to one
person shall not be transferable to any other person, is not
attached to the land; and is not transferable from one place
of residence to another.
q.
The home occupation shall not begin operation without an
approved Conditional Use Permit per Section 1303 of this
Ordinance. However, IF these conditions cannot be met, a
Special Use Permit per Section 1301 of this Ordinance shall be
required.
14.
Home Daycare for up to four (4) children with the following
stipulations:
*28
a.
A land use permit from Maricopa County is required establishing
the use of the residence as day-care.
b.
The permit holder OWNER/OPERATOR of the daycare shall
reside in the dwelling unit in which the daycare operates.
c.
The rear and/or side yard is enclosed and provides a minimum of 75
sq. ft. per each child occupying the outdoor activity area.
d.
There shall be no signs, advertising or other indications of the
daycare on the premises.
e.
The total number of children under compensated care shall not
exceed four (4) at any one time.
f.
The residential address of the business shall not be listed in any
business directory or in any advertising.
g.
There shall be no change to the residential appearance of the
premises, including the creation of separate or exclusive business
entrance(s).
h.
No pick-up of drop off of children shall be permitted on the
premises between the hours of 10:00 p.m. and 6:00 a.m.
Next Steps:
A projected timeline for completion includes a tentative Board of Supervisors hearing date of
October 7, 2020 with adopted language to become effective 30 days later, November 6, 2020.
TA2019003
Page 8 of 8
Recommendation:
Staff recommends the Commission motion for Approval of TA2019003.
Prepared by:
Rachel Applegate, Senior Planner
Reviewed by:
Darren V. Gerard, AICP, Planning Manager
Attachments:
8/6/2020 ZIPPOR Packet (13 pages)
TA2019003
Page 1 of 8
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
TA2019003 – Home Base Business
Meeting Date:
August 6, 2020 (ZIPPOR)
Supervisor District:
All
Applicant:
Commission-initiated
Request:
Text Amendment to amend Chapter 5, Rural-190 Rural Zoning
District, Section 501, Articles 501.2.10 & 501.2.18 and Chapter 6 Single
Family Residential R1-35 Zoning District, Section 601, Articles 601.2.8 &
601.2.14. of the Maricopa County Zoning Ordinance (MCZO).
EROP:
This item is being processed through the County’s Enhanced
Regulatory Outreach Program (EROP). This matter was discussed at
the February 27, 2020 Stakeholder meeting.
Municipal Comments:
No comments received from EROP Notification process.
Support/Opposition:
1 e-mail in opposition received after the February 27, 2020
Stakeholder meeting.
Recommendation:
Initiate
Discussion:
This text amendment will amend the Maricopa County Zoning Ordinance (MCZO), Chapter 5
Rural-190 Rural Zoning District, Section 501, Articles 501.2.10 & 501.2.18 and Chapter 6 Single
Family Residential R1-35 Zoning District, Section 601, Articles 601.2.8 & 601.2.14.
This amendment will add language to the existing home occupations to include immediate
family to the non-resident employees permitted within the Maricopa County Zoning Ordinance
and will eliminate the Home Occupation and Home Daycare land use applications.
Comments:
An e-mail was received from Kip Micuda with Hildebrand Law, P.C. indicating the proposed
changes goes beyond statute. The e-mail indicated that the proposed language would allow
for unlimited employees if someway related to occupants. The relation effectively removes the
limit the original rule imposed (see attached e-mail and memo). Staff responded that the
proposed text amendment would bring the MCZO in alignment with current state law, ARS §11-
820.6.
Proposed changes are shown in legislative edit format.
TA2019003
Page 2 of 8
SECTION 501. RURAL-190 (Rural Zoning District - 190,000 Square Feet Per
Dwelling Unit)
ARTICLE 501.2. USE REGULATIONS: A building or premises shall be used only for
the following purposes:
10. Home occupations, subject to the following:*10, *39, *41
a.
The entrepreneur of a home occupation shall reside in the
dwelling on the property in which the business operates.
b.
The number of persons who are employed in connection
with the occupants, but who are non-residents of the
dwelling on the property in which the business operates,
shall not exceed three, UNLESS THE NON-RESIDENT
EMPLOYEES ARE AN IMMEDIATE FAMILY MEMBER
(SPOUSE, CHILD, SIBLING, PARENT, GRANDPARENT,
GRANDCHILD, STEP PARENT, STEP CHILD, STEP
SIBLING) WHETHER RELATED BY ADOPTION OR
BLOOD.
c.
The business shall be conducted entirely within a completely
enclosed building, other than allowance for limited outdoor
storage per item ‘n’ below. Physical business activity other
than storage may occur within the area described per item
‘n’ below except that no mechanical equipment or power
tools shall be operated out of doors, and in no instance shall
any outdoor activity exceed the height of screening and not
to exceed eight (8) feet.
d.
The home occupation shall not interfere with the delivery of
utilities or other services to the area.
e.
The business shall not generate any noise (if the noise
would be considered to have an adverse impact on the
surrounding residential neighborhood per the Maricopa
County Noise Ordinance), vibration, smoke, dust, odors,
heat, glare, or electrical interference with radio or television
transmission in the area that would exceed that normally
produced by a dwelling unit in a zoning district used solely
for residential purposes.
f.
No mechanical equipment or power tools shall be used,
except that used for normal household purposes if the noise
would be considered to have an adverse impact on the
TA2019003
Page 3 of 8
surrounding residential neighborhood per the Maricopa
County Noise Ordinance.
g.
No toxic, explosive, flammable, radioactive, or other similar
material shall be used, sold, or stored on the site.
h.
There shall be no change to the residential appearance of
the premises, except that a separate business entrance shall
be permitted. A maximum four (4) square foot sign shall be
permitted, and the sign shall otherwise meet the
requirements of Article 1402.2 of this Ordinance.
i.
Unless a passenger vehicle accessory to the residence or an
employee, not more than one vehicle used in commerce
shall be permitted in connection with the home occupation.
Said vehicle shall be stored in an enclosed garage.
j.
The number of customers, clients, or students on the
premises shall not exceed five at any time.
k.
No non-resident employees, customers, clients, or students
shall be permitted on the premises for business purposes
between the hours of 10:00 p.m. and 7:00 a.m.
l.
Deliveries from commercial suppliers (vehicle weight greater
than 10,000 lbs.) shall not restrict traffic circulation, and
shall occur between 8:00 a.m. and 5:00 p.m., Monday
through Friday.
m.
If the home occupation requires that any non-resident
employees, customers, clients, or students visit the property,
a minimum of one (1) additional off-street parking
space shall be provided per Chapter 11, Section 1102. of
this Ordinance. The maximum number of additional off-
street parking spaces permitted shall be six.
n.
The outdoor storage of materials shall be limited to a
maximum of 25% of the total lot area and shall not be
located within any required front or street side yard. Any
outdoor storage shall be completely fenced with a solid
masonry wall or wood fence to obstruct the view to a height
equal to the elevation of the tallest materials to be stored
with a maximum height of stored materials of eight feet.
o.
All outdoor lighting shall be shielded so as not to direct or
reflect light upon adjoining land, shall not be constructed
TA2019003
Page 4 of 8
within 20 feet of any adjoining property under other
ownership, and shall not exceed 20 feet in height.
p.
A Home Occupation Conditional Use Permit issued to one
person shall not be transferable to any other person, is not
attached to the land; and is not transferable from one place
of residence to another.
q.
The home occupation shall not begin operation without an
approved Conditional Use Permit per Section 1303 of this
Ordinance. However, IF these conditions cannot be met,
a Special Use Permit per Section 1301 of this Ordinance
shall be required.
18.
Home daycare for up to four (4) children with the following
stipulations:
*29
a.
A land use permit from Maricopa County is required establishing
the use of the residence as day-care.
b.
The permit holder OWNER/OPERATOR of the daycare shall
reside in the dwelling unit in which the daycare operates.
c.
The rear and/or side yard is enclosed and provides a minimum
of 75 sq. ft. per each child occupying the outdoor activity area.
d.
There shall be no signs, advertising, display or other indications
of the daycare on the premises.
e.
The total number of children under compensated care shall not
exceed four (4) at any one time.
f.
The residential address of the business shall not be listed in any
business directly or in any advertising.
g.
There shall be no change to the residential appearance of the
premises, including the creation of separate or exclusive business
entrance(s).
h.
No pick-up or drop off of children shall be permitted on the
premises between the hours of 10:00 p.m. and 6:00 a.m.
TA2019003
Page 5 of 8
SECTION 601. R1-35 (Single-Family Residential Zoning District -
35,000 Square Feet Per Dwelling Unit)
ARTICLE 601.2.
USE REGULATIONS: A building or premises shall be used only for the
following purposes:
8.
Home occupations, subject to the following:*11, *42,*44
a.
The entrepreneur of a home occupation shall reside on the
property in the dwelling in which the business operates.
b.
The number of persons who are employed in connection with
the occupants, but who are non-residents of the dwelling on
the property in which the business operates, shall not exceed
three, UNLESS THE NON-RESIDENT EMPLOYEES ARE
AN IMMEDIATE FAMILY MEMBER (SPOUSE, CHILD,
SIBLING, PARENT, GRANDPARENT, GRANDCHILD,
STEP PARENT, STEP CHILD, STEP SIBLING) WHETHER
RELATED BY ADOPTION OR BLOOD.
c.
The business shall be conducted entirely within a completely
enclosed building, other than allowance for limited outdoor
storage per item ‘n’ below. Physical business activity other
than storage may occur within the area described per item ‘n’
below except that no mechanical equipment or power tools
shall be operated out of doors, and in no instance shall any
outdoor activity exceed the height of screening and not to
exceed eight (8) feet.
d.
The home occupation shall not interfere with the delivery of
utilities or other services to the area.
e.
The business shall not generate any noise (if the noise would
be considered to have an adverse impact on the surrounding
residential neighborhood per the Maricopa County Noise
Ordinance), vibration, smoke, dust, odors, heat, glare, or
electrical interference with radio or television transmission in
the area that would exceed that normally produced by a
dwelling unit in a zoning district used solely for residential
purposes.
f.
No mechanical equipment or power tools shall be used except
that used for normal household purposes if the noise would be
considered to have an adverse impact on the surrounding
TA2019003
Page 6 of 8
residential neighborhood per the Maricopa County Noise
Ordinance.
g.
No toxic, explosive, flammable, radioactive, or other similar
material shall be used, sold, or stored on the site.
h.
There shall be no change to the residential appearance of the
premises, except that a separate business entrance shall be
permitted. A maximum four (4) square foot sign shall be
permitted, and the sign shall otherwise meet the requirements
of Article 1402.2 of this Ordinance.
i.
Unless a passenger vehicle accessory to the residence or an
employee, not more than one vehicle used in commerce shall
be permitted in connection with the home occupation. Said
vehicle shall be stored in an enclosed garage.
j.
The number of customers, clients, or students on the premises
shall not exceed five at any time.
k.
No non-resident employees, customers, clients, or students
shall be permitted on the premises for business purposes
between the hours of 10:00 p.m. and 7:00 a.m.
l.
Deliveries from commercial suppliers (vehicle weight greater
than 10,000 lbs.), shall not restrict traffic circulation and shall
occur between 8:00 a.m. and 5:00 p.m., Monday through
Friday.
m.
If the home occupation requires that any non-resident
employees, customers, clients, or students visit the property, a
minimum of one (1) parking space shall be provided per
Chapter 11, Section 1102 of this Ordinance. The maximum
number of additional off-street parking spaces permitted shall
be six.
n.
The outdoor storage of materials shall be limited to a
maximum of 25% of the total lot area and shall not be
located within any required front or street side yard. Any
outdoor storage shall be completely fenced with a solid
masonry wall or wood fence to obstruct the view to a height
equal to the elevation of the tallest materials to be stored with
a maximum height of stored materials of eight feet.
o.
All outdoor lighting shall be shielded so as not to direct or
reflect light upon adjoining land, shall not be constructed
TA2019003
Page 7 of 8
within 20 feet of any adjoining property under other
ownership, and shall not exceed 20 feet in height.
p.
A Home Occupation Conditional Use Permit issued to one
person shall not be transferable to any other person, is not
attached to the land; and is not transferable from one place
of residence to another.
q.
The home occupation shall not begin operation without an
approved Conditional Use Permit per Section 1303 of this
Ordinance. However, IF these conditions cannot be met, a
Special Use Permit per Section 1301 of this Ordinance shall be
required.
14.
Home Daycare for up to four (4) children with the following
stipulations:
*28
a.
A land use permit from Maricopa County is required establishing
the use of the residence as day-care.
b.
The permit holder OWNER/OPERATOR of the daycare shall
reside in the dwelling unit in which the daycare operates.
c.
The rear and/or side yard is enclosed and provides a minimum of 75
sq. ft. per each child occupying the outdoor activity area.
d.
There shall be no signs, advertising or other indications of the
daycare on the premises.
e.
The total number of children under compensated care shall not
exceed four (4) at any one time.
f.
The residential address of the business shall not be listed in any
business directory or in any advertising.
g.
There shall be no change to the residential appearance of the
premises, including the creation of separate or exclusive business
entrance(s).
h.
No pick-up of drop off of children shall be permitted on the
premises between the hours of 10:00 p.m. and 6:00 a.m.
Recommendation:
Staff recommends the Commission initiate TA2019003.
Next Steps:
TA2019003
Page 8 of 8
If the Commission takes action to initiate the proposed text amendment, the amendment would
be scheduled for the September 10, 2020 Planning and Zoning Commission. A projected timeline
for completion includes a tentative Board of Supervisors hearing date of October 7, 2020 with
adopted language 30 days after Board hearing for completion by November 6, 2020.
Prepared by:
Rachel Applegate, Senior Planner
Reviewed by:
Darren V. Gerard, AICP, Planning Manager
Attachments:
2/27/20 EROP Stakeholder Meeting sign in sheet (1 page)
Kip Micuda, Attorney Hildebrand Law, P.C. E-mail in opposition to Text Amendment (4 pages)
From:
Kip Micuda
To:
Darren V. Gérard (PND)
Cc:
Rachel Applegate (PND)
Subject:
RE: TA2019003
Date:
Tuesday, March 31, 2020 10:14:27 AM
Attachments:
Memo.CtyRule.02.pdf
Hi Darren:
I hope you are well. I just realized I sent the wrong format of my memo. Here is a pdf. If you need
anything else, please let me know. Do you mind giving me the time/location of the meeting? Need I
ask before to make a statement?
I very much appreciate the referral to the citation. I looked at it. Seems the proposed change goes
significantly beyond the statute. That said, I am keenly aware of my lack of expertise on this
particular matter. If you or someone has the time to explain the drive/import of the change, I will
listen. I learn new things all the time. If it makes sense, I will have no issue withdrawing my
objection.
Thank you,
Kip M. Micuda
Attorney
Hildebrand Law, P.C.
4900 N. Scottsdale Rd., Suite 1500 Scottsdale, Arizona 85251
Telephone: 480-305-8300 Fax: 480-305-8303
Kip@hildebrandlaw.com • www.hildebrandlaw.com
This e-mail message, and any attachment(s) hereto, are intended only for use by the addressee(s)
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From: Darren V. Gérard (PND) <Darren.Gerard@Maricopa.Gov>
Sent: Tuesday, March 31, 2020 10:00 AM
To: Kip Micuda <kip@hildebrandlaw.com>
Cc: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Subject: RE: TA2019003
Mr. Micuda: thank you for your comment. Please note the proposed text amendment is solely to
bring the ordinance in alignment with current state law, reference ARS § 11-820.6. This matter is
going to be discussed at the May 29th ZIPPOR public meeting. Darren
Darren V. Gérard, AICP
Planning Services Manager
Planning & Development
602-506-7139
Darren.Gerard@maricopa.gov
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Tuesday, March 31, 2020 7:08 AM
To: PND Regulatory <PNDRegulatory@maricopa.gov>; Kathy Semder (COA)
<Kathy.Semder@Maricopa.Gov>; Andy Linton (COA) <Andy.Linton@Maricopa.Gov>; Bill Leal (FCD)
<Bill.Leal@Maricopa.Gov>; Kathryn Garcia (PND) <Kathryn.Garcia@Maricopa.Gov>; Blanca Caballero
(AQD) <Blanca.Caballero@Maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule
TA2019003 - Home Base Business
Department
Planning and Development
I would like to
Express opposition
First Name
Kip
Last Name
Micuda
Organization
Field not completed.
City
SCOTTSDALE
85262
Zip
Email
kmicuda@gmail.com
Phone Number
4802319520
Phone Type
Mobile
Would you like someone to
contact you?
Field not completed.
Comments
This rule change completely eviscerates the current rule. Why is
the change being advanced/proposed? It seems an agenda
contrary to the lifestyle of the Rio Verde Foothills is being
pursued here.
If applicable, attach
supporting documentation
associated with your
comment.
Memo.CtyRule.02.wpd
Email not displaying correctly? View it in your browser.
Hildebrand Law, P.C.
M E M O R A N D U M
TO:
Maricopa County Planning & Development Department
https://www.maricopa.gov/FormCenter/Regulatory-Outreach-
17/Citizen-Comments-94.
FROM:
Kip Micuda, Esq.
16509 E. Lone Mountain Road
Scottsdale, AZ 85262
480-231-9520
DATE:
Tuesday, March 31, 2020
RE:
TA2019003 (comment)
The following is comment relative to the proposed text amendment to Maricopa
County Zoning Ordinance (MCZO) Chapter 5 Rural-190 Rural Zoning District, Section 501,
Articles 501.2.10 & 501.2.18 and Chapter 6 Single Family Residential R1-35 Zoning
District, Section 601, Articles 601.2.8 & 601.2.14.
The proposed rule change proposes to add the same language to Sections 501.2.10(b)
and 601.2.8(b). The proposed additional language effectively eviscerates the limitations of
each rule. While both rules limit the number of employees to three (3), consistent with the
purposes of the MCZO, the proposed additional language allows unlimited employees if each
is someway related to occupants. The relation required is so broad it effectively removes
the limit the original rule imposed. The drive for this rule change is curious at best. I urge
the change be rejected.
H:\WP51\FILES\KM\Bruns\Memo.CtyRule.02.wpd
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