09. Z2023090 PZ Report

Z2023090 
Page 1 of 9 
 
 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
Case: 
Z2023090 - Wesley Toy Barn  
 
 
 
 
Hearing Date: 
December 7, 2023 
 
Supervisor District: 
3 
 
 
  
 
Applicant: 
Alex Hayes, Withey Morris Baugh, PLC 
 
Owner: 
Scenic Foothills LLC/Wu Hoi Shan 
   
Request: 
Zone Change with Overlay from Rural-43 to C-2 CUPD  
 
  
 
Site Location: 
Generally located northwest of the intersection of Cave Creek Rd and 53rd 
St. in the Phoenix/Cave Creek area. 
 
  
Site Size: 
6.9 Acres 
 
Density: 
N/A 
 
County Island:  
Yes, City of Phoenix 
 
 
County Plan: 
Rural Development Area (0-1 d.u./ac) 
 
Municipal Plan: 
City of Phoenix North Land Use Plan – Residential 0- 1.5 du/ac 
 
Municipal Comments: 
City of Phoenix - opposed  
 
Support/Opposition: 
Two emails in opposition and one email in support 
 
Recommendation: 
Approve with conditions

Z2023090 
Page 2 of 9 
Project Summary: 
 
1. 
The applicant, Alex Hayes of Withey Morris Baugh, is seeking entitlement on the subject parcels 
for a garage-style condominium facility. The proposed facility would be considered a high-end 
manifestation of a self-storage type use. Rather than renting storage units on a monthly or annual 
basis, the units at this facility would be available for purchase. The applicant has indicated that 
owners would then be able to customize their garage units as they wish. The narrative states the 
uses would be limited to personal hobby type activities; business activity out of the garage units 
would be prohibited. The facility would offer a central clubhouse which would hold restrooms and 
kitchen facilities. The proposed zoning overlay will limit the site to self-storage and related 
ancillary uses which includes a central clubhouse. Staff notes that if the applicant follows through 
with developing the site with for-sale garage units the next phase of entitlement will be to submit 
a final plat for the garage condo complex, in lieu of a plan of development. 
 
2. 
The site currently consists of two parcels – APN 211-46-026, which is vacant, and a portion of 
APN 211-46-032B which is currently being used as part of a commercial plant nursery to the south 
and west. The nursery site is currently subject to a zone change entitlement which would allow 
for its continued operation. Previously, it had been entitled under a special use permit now 
expired. The subject parcels for both the Toy Barn and the commercial nursery would need to be 
altered as part of their respective applications to obtain permits. The site is also subject to several 
patent easements which would have to be abandoned prior to permitting approval. 
 
3. 
The applicant worked with neighboring residents on several aspects of the CUPD overlay to make 
the proposed development more aesthetically fitting for the rural landscape within the Cave Creek 
area. Such standards include a lowered maximum height, building and fencing design 
requirements, setback requirements to place the buildings away from the residential 
neighborhood to the west, and further landscape buffering around the property.  Standards 
modified from the C-2 zoning district are shown in the below CUPD table. Additional conditions 
unable to be modified through the CUPD overlay are included in paragraph 14. 
 
Standard 
C-2 Base Standards 
C-2 CUPD Overlay Standards 
Allowed Uses 
All uses per MCZO 804.2 
Uses shall be limited to individual, 
non-residential garage/storage units 
with 
an 
associated 
clubhouse. 
Residential platted subdivisions shall 
be prohibited including, but not 
limited to residential condominium 
plats, townhouse plats, and single-
family residence plats.  
Min. Front Setback (East) 
10’ (MCZO 804.4.1) 
10’ 
Min. Rear Setback (West) 
25’ (MCZO 804.4.3) 
58’ minimum along 52nd St. 
Min. Side Setback (North) 
10’ (MCZO 804.4.2.A) 
15’  
Min. Side Setback (South) 
10’ (MCZO 804.4.2.A) 
5’  
Max. Building Height 
40’ (MCZO 804.3) 
28’ maximum (including parapet) 
Max. Lighting Height 
40’ (MCZO 804.3) 
10’– 6’ maximum within 58’ setback 
adjacent to 52nd St.

Z2023090 
Page 3 of 9 
Aerial photo of the subject site oriented north. The site would require redelineation post completion of entitlements on both subject parcels. 
 
 
 
Zoning map of the site and nearby area oriented north. The red highlighted areas are Cave Creek whereas the light green areas to the 
northwest and southeast are City of Phoenix. The southwestern area in orange is Maricopa County R1-35 zoned.

Z2023090 
Page 4 of 9 
Existing On-Site and Adjacent Zoning / Land Use: 
 
4. 
On-site: 
 
Rural-43 / Vacant/Commercial nursery 
North: 
Rural-43 / Rural  
South: 
Rural-43 / Commercial nursery 
East: 
GC (Cave Creek) / Drive-thru restaurant 
West: 
R-35 (Cave Creek) / Residential 
 
 
Utilities and Services: 
 
5. 
Water: 
 
City of Phoenix 
Wastewater: 
Septic 
Fire: 
Rural Metro 
Police:  
Maricopa County Sheriff’s Office 
Gas: 
Southwest Gas 
Refuse: 
Private Contractor 
 
Right-of-Way: 
 
6. 
The future right-of-way dedication for Cave Creek Rd will be coordinated with the City of Phoenix, 
as the street is located within their jurisdiction. 
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Future Classification 
Cave Creek Rd 
50’ 
50’ 
Major Collector 
 
Adopted Plans: 
 
7. 
City of Phoenix General Plan (adopted 2015): The subject site is designated “Residential 0 to 2 
dwelling units per acre” on the City of Phoenix General Plan Land Use Map. Thus, the proposed 
request would not be consistent with the General Plan Land Use designation. 
 
8. 
City of Phoenix North Land Use Plan (adopted 1994): The subject site is located within the North 
Land Use Plan area and is designated “Residential 0 to 1.5 dwelling units per acre”. The proposed 
request is not consistent with the North Land Use Plan designation. 
 
Public Participation Summary: 
 
9. 
The applicant conducted comprehensive public participation that included the minimum required 
notification of all property owners within 300’ of the subject site as well as two site postings. The 
applicant conducted two neighborhood meetings that were relatively well attended in addition to 
several conversations with local stakeholders. Staff received several contacts from nearby 
residents regarding potential site uses in addition to concerns regarding traffic on 52nd St. and 
aesthetical concerns. As previously stated, several of the C-2 CUPD overlay proposed are the 
result of these communications between the applicant, neighbors, and staff. 
 
10. 
Staff notes that they have received two letters of opposition as of the writing of this staff report 
– one from the City of Phoenix and one from a local community member. The City provided 
comments expressing some general concerns, mostly over the fact that the proposed use does 
not match their future land use designations for the site. The city also conveyed concern 
regarding compliance with the 205’ setback from the centerline of the city’s Cave Creek Road 
scenic corridor. However, the city did provide several preferred conditions to be included if the

Z2023090 
Page 5 of 9 
proposal should be approved regarding fencing, landscaping, lighting, and site emissions that the 
applicant has in-part implemented. 
 
11. 
The letter from the local community member spoke to the existing community conditions and a 
desire to see traffic, noise, and lighting mitigated from nearby development. There was also 
concern regarding the rezoning of the site to C-2 that would allow for other potential uses that 
would not be amenable to the community. Staff believes the conditions put forth, including 
restrictions on lighting, site usage, and design requirements, would help to mitigate these 
concerns. 
 
Outstanding Concerns from Maricopa County Reviewing Agencies: 
 
12. 
N/A. 
 
Staff Analysis: 
 
13. 
Staff supports the proposed rezone and development. The restrictiveness of the CUPD overlay to 
only allow for the toy barn development allays concerns regarding density, traffic, and other 
potential concerns with broader commercial and residential uses within the C-2 zoning district. 
The site abuts existing commercial uses along Cave Creek Rd. to the north, south, and east. Staff 
also appreciates the applicant’s efforts and willingness to work with the community on creating 
a more aesthetically pleasing design along 52nd St. Such guidelines include height restrictions, 
limited lighting to reduce light pollution, landscape buffers, and a rural southwestern architectural 
theme. 
 
14. 
In addition to the opposition emails, staff received comment from the City of Phoenix, as the 
proposal is within the city’s municipal planning boundary. City staff conveyed concern over the 
project as it does not meet the city’s future land use designation for the site. Additionally, the 
zoning exhibits for the site indicate that it is likely the future site design will not incorporate the 
suggested buffer from the centerline of Cave Creek Rd. Staff notes that other developments 
nearby in Cave Creek’s jurisdiction do not adhere to this setback. Additionally, site landscaping 
along Cave Creek Rd. would limit the visual impact of the site to traffic, thus partially fulfilling the 
intended goal of providing an aesthetically pleasing driving experience.

Z2023090 
Page 6 of 9 
Zoning exhibit of the site showing the setback from the centerline of Cave Creek Rd. The buildings would be shielded by landscaping along 
Cave Creek Rd to prevent visual obstruction. 
 
 
 
 
 
Aerial of the surrounding area showing commercial frontage along Cave Creek Rd – sites marked with a yellow arrow indicates site 
that are less than 205’ from the centerline of Cave Creek Rd

Z2023090 
Page 7 of 9 
Recommendation: 
 
15. 
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors 
approve Z2023090 subject to the following conditions ‘a’ – ‘i’: 
 
a. 
Development of the site shall be in substantial conformance with the narrative report 
entitled “Rezone Narrative consisting of 13 full-size sheet, dated November 3, 2023, 
except as modified by the following conditions. Staff may determine slight refinements to 
remain in substantial conformance with the approved narrative report. 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 shall be in substantial conformance with the Zoning Exhibit 
entitled “Carefree Toy Barn“, consisting of 1 full-size sheet, dated October 18, 2023, except 
as modified by the following conditions. 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. 
 
c. 
The following planning engineering conditions apply: 
 
1. 
Any new site improvements will require a Plan of Development and Traffic Impact 
Study. 
 
2. 
The submitted site plan shows development within the federal patent easement 
area. The site is encumbered by Federal Patent easements. Unless abandoned, 
these easements must remain intact for their intended use. See link below for 
abandonment process. https://www.maricopa.gov/775/Abandonment-of-Patent-
Easements. This must be completed prior to issuance of building permits. 
 
3. 
Without the submittal of a plan of development, no development approval will be 
inferred by the engineering review, including, but not limited to drainage design, 
site access and roadway alignments. These items will be addressed as 
development plans progress and are submitted to the County for further review 
and/or entitlement. 
 
4. 
Engineering review of planning and/or zoning cases is for conceptual design only. 
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. 
 
d. 
The following CUPD standards shall apply: 
 
1. Allowed Uses: Uses shall be limited to individual, non-residential garage/storage units 
with an associated clubhouse. Residential platted subdivisions shall be prohibited 
including, but not limited to residential condominium plats, townhouse plats, and 
single-family residence plats. 
 
2. Setbacks:

Z2023090 
Page 8 of 9 
Rear Setback (West): 58’ minimum along 52nd St. 
 
 
 
Side Setback (North): 15’ minimum 
 
 
 
Side Setback (South): 5’ minimum 
 
3. Lighting Maximum height: 10’ maximum – 6’ maximum within 58’ setback adjacent 
to 52nd St. 
 
4. Building Height Maximum height: 28’ maximum (including parapet) 
 
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 following design conditions shall apply: 
 
1. 
Adjacent to residential uses, all improvements with the exception of landscaping, 
utilities and approved pathways shall be located outside the building setbacks. 
 
2. 
A landscape buffer shall be included along the subject parcel at 52nd Street. The 
landscape buffer shall include at a minimum one 36” box tree every 20 feet along 
52nd Street and 5-gallon native plants/cacti every 10 feet. Existing saguaros on 
the Property are to be protected and may be replanted within landscape buffer. 
 
3. 
No emergency access shall be located on 52nd Street. 
 
4. 
Block facia along 52nd Street corridor shall be consistent with muted desert tones 
of tans and browns. 
 
5. 
Enhanced architecture of a southwestern theme shall be provided on west 
elevations Building A and Building E. 
 
6. 
All parts of the perimeter which are adjacent to a residential zone shall be screened 
by a fence or wall. 
 
7. 
No noise, odor or vibration shall be emitted so that it exceeds the general level of 
noise, odor or vibration emitted by uses outside the site. Such comparison shall be 
made at the boundary of the site. 
 
g. 
Noncompliance with any Maricopa County Regulation shall be grounds for initiating a 
revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. 
 
h. 
The property owner/s and their successors waive claim for diminution in value if Maricopa 
County takes action to rescind approval due to noncompliance with conditions.  
 
i. 
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,

Z2023090 
Page 9 of 9 
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. The zone 
change enhances the value of the property above its value as of the date the zone change 
is granted and reverting to the prior zoning results in the same value of the property as if 
the zone change had never been granted. 
 
 
Presented by: 
Joel Landis, Planner 
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Narrative Report (12 pages) 
 
Zoning exhibit (1 page) 
 
MC Engineering comments (3 pages) 
 
MCESD comments (2 page) 
 
City of Phoenix comments (2 pages) 
 
Support comments (1 pages) 
 
Opposition comments (1 pages)

Page | 1 
 
Wesley Development Company, LLC 
 
NWC Westland Road and Cave Creek Road 
 
Rezone Narrative 
 
 
 
Z2023090 
1st Submittal: July 26, 2023 
2nd Submittal: November 3, 2023 
 
Applicant 
 
 
 
Withey Morris Baugh, PLC 
2525 E. Arizona Biltmore Circle Ste. A-212 
Phoenix, AZ 85016 
Contact: Adam Baugh / Alex Hayes 
Email: hayes@wmbattorneys.com

Page | 2 
 
Phone: (602) 230-0600 
Request 
 
Wesley Development, LLC (Wesley) is requesting to rezone the subject property from County RU-43 to C-
2 to accommodate the development of a storage condo facility. A CUPD overlay is also requested to 
include certain conditions of approval coordinated with the surrounding residents as described below.  
Location 
 
The property is located north of the northwest corner of Westland Road and Cave Creek Road, comprising 
Maricopa County Assessor Parcel Number 211-46-026 and the northern portion of 211-46-032B (the 
Property). See Aerial Map, Tab 1. The Property is approximately 6.9 acres.  The portion of the subject site 
comprised of APN 211-46-026 is undeveloped while the remainder of the Property contains greenhouses 
and other equipment associated with the nursery operating to the south. The property is located in the 
unincorporated area of Maricopa County but is covered under the City of Phoenix General Plan and 
Planning Area. 
General Plan and Zoning 
 
The Property is currently zoned County RU-43. See Zoning Map, Tab 2. The subject site is on the border 
of the City of Phoenix planning area and has a General Plan land use designation of 0 to 1 du/acre – Large 
Lot. The proposed development is consistent with the changing development pattern of the area, which 
includes more commercial development along Cave Creek Road, particularly as it approaches Carefree 
Highway. The Property is bordered on the south by County property that is operated as a commercial 
nursery and is currently the subject of a pending zoning application to rezone to C-2. Additionally, 
immediately to the northwest of the Property is a drive-through coffee shop. With orientation towards 
Cave Creek Road, the proposed development is consistent with the commercial character of this arterial 
road.  
Maricopa County Comprehensive Plan  
 
The Maricopa County 2030 Comprehensive Plan (the "Plan") is aimed at maintaining a high quality of life 
as Maricopa County continues to undergo substantial growth. To that end, the Plan prioritizes “supporting 
safe communities and neighborhoods...by supporting compatible land uses; environmental quality; and 
safe, efficient and practical development patterns."   
 
 
The proposed rezone is consistent with the following specific goals and policies contained within the Plan: 
 
Land Use Goal #1:  Achieve balanced and efficient development patterns. 
 
The proposed rezoning allows for compatible development that is complementary to the existing 
commercial zoning and land uses along Cave Creek Road. Additionally, the proposed use is one of the least

Page | 3 
 
intensive commercial uses due to the low amount of traffic, light, noise, and dust compared to other 
commercial uses. The result is a context-appropriate development that adds value to the surrounding 
area without negative externalities. 
 
Economic Growth Goal #1: Contribute to an effective regional economy.  
 
The proposed rezoning will enable commercial services that will be complementary to the existing 
residential development in the surrounding.. The Property’s location makes it ideally suited for 
commercial uses and such uses will be compatible with the existing and proposed development along 
Cave Creek Road.  
 
Project Overview 
 
Wesley is proposing to develop a new Toy Barn facility following the high demand and success of their 
other nearby locations on Cave Creek Road. This unique development allows customers to own a condo 
unit for the storage and protection of vehicles, off-road motor vehicles, boats, and hobby cars.  The 
individually-owned condos will include a variety of amenities including air-conditioned units and complete 
telecommunications utilities (i.e. TV, phone, and internet).  In addition, a clubhouse with entertainment 
and kitchen facilities is an added development amenity. A privately-owned warehouse condo 
development represents a unique and innovative approach to recreational vehicle and hobby storage.  
Outdoor storage is not proposed; all storage and operations will occur indoors. 
 
Each unit will be individually platted (30 x 50) and governed by CC&Rs. The storage condos will total 
approximately 136,560 sf and the clubhouse will comprise approximately 2,285 square feet. The storage 
condos shall be limited to 28 feet in height. See Conceptual Site Plan, Tab 3. The overall development will 
be professionally managed by a Commercial Owners’ Association (COA).  To mitigate any potential impact 
to the residential community west of the Property, a 58-foot landscape buffer is proposed along 52nd 
Street. The screen wall on the western perimeter will feature muted desert tones of tans and browns to 
create a complementary aesthetic. Additionally, enhanced architecture will be provided on the western 
building elevations . 
 
Located along Cave Creek Road in close proximity to the Carefree Highway, the site is ideally located for 
the proposed use. With an existing commercial nursery to the south (pending application for C-2 rezone), 
the project design has been enhanced to increase compatibility with the area. 
 
Permitted Uses 
 
As detailed in the proposed conditions of approval outlined below, uses shall be limited to individual, non-
residential garage/storage units with an associated clubhouse. Residential platted subdivisions shall be 
prohibited, including but not limited to, residential condominium plats, townhouse plats, and single-
family residential plats.

Page | 4 
 
Relationship to Surrounding Properties 
 
The Property’s location is well suited for the proposed use given its orientation toward Cave Creek Road 
and the commercial uses south and northeast of the Property. The Property is bordered on the south by 
an existing commercial nursery operation, which is currently the subject of an application to rezone to C-
2. To the northeast is a Dutch Bros. drive-thru coffee shop.   
 
The parcels to the west (Cave Creek RE-35) and north (County RU-43) have single-family zoning. A 58’ 
landscape buffer is proposed along the western perimeter of the property providing substantial screening 
for neighboring residents. The northern perimeter is only bordered by two parcels, one of which currently 
borders the commercial nursery operation.  
 
The Toy Barn has other existing facilities along Cave Creek which are located next to 1-acre homes and 
have operated compatibly without any incident or impact.  This location will operate in the same manner 
and will be an asset to the area without any negative impacts. 
 
Adjacent Land Uses: 
 
North: Rural Residential (County RU-43)/ Commercial Business (Cave Creek GC)  
East: Commercial Business (Cave Creek GC) 
South: Nursery (County RU-43 – Pending application for C-2) 
West: Residential (Cave Creek R-35) 
Coordination with Neighboring Residents 
 
Wesley held two neighborhood meetings and multiple individual meetings with residents in the 
surrounding area to solicit feedback and ensure the proposed development is compatible with 
community. In collaboration and agreement with the residents, the developer and neighbors are 
agreeable to the following conditions of approval regarding the requested CUPD overlay: 
 
1. Uses shall be limited to individual, non-residential garage/storage units with an associated 
clubhouse.  Residential platted subdivisions shall be prohibited including, but not limited to 
residential condominium plats, townhouse plats and single- family residential plats. 
 
2. Building setback along 52nd Street shall be a minimum of 58 feet.   
 
3. Building setback along north property line shall be a minimum of 15 feet. 
 
4. Building setback along the south property line shall be a minimum of 5 feet.  
 
5. Building height shall be a maximum of 28 feet including parapet.  
 
6. Adjacent to residential uses, all improvements with the exception of landscaping, utilities and 
approved pathways shall be located outside the building setbacks.

Page | 5 
 
 
7. A landscape buffer shall be included along the subject parcel at 52nd Street.  The landscape buffer 
shall include at a minimum one 36” box tree every 20 feet along 52nd Street and 5-gallon native 
plants/cacti every 10 feet.  Existing saguaros on the Property are to be protected and may be 
replanted within landscape buffer. 
 
8. Dark sky compliance with exterior lighting placed no higher than 10 feet.  As adjacent to 
residential down the 52nd Street corridor, no exterior lighting shall be placed higher than 6 feet. 
 
9. No emergency access shall be located on 52nd Street. 
 
10. Block facia along 52nd Street corridor shall be consistent with muted desert tones of tans and 
browns. 
 
11. Engineering review of planning and/or zoning cases is for conceptual design only. 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.  
 
12. Enhanced architecture shall be provided on west elevations Building A and Building E. 
 
Circulation System (On and Off-Site) 
 
Access to the Property will be from Cave Creek Road. Given the nature of self-storage facilities, the Project 
will have very minimal impact, if any, on the surrounding circulation system. On-site circulation is via an 
internal looped road, with gated access.  
 
Community Facilities and Services 
 
This project will not create any demand for the school district.  
 
PUBLIC UTILITIES 
SERVICE PROVIDERS 
Fire Protection 
Rural Metro  
Police Protection 
Maricopa County Sheriff  
Water 
City of Phoenix 
Wastewater 
Septic  
Gas 
Southwest Gas 
Electric 
Arizona Public Service  
Refuse 
Private Contractor

Page | 6 
 
Conclusion 
 
The proposed rezone makes logical sense from a land use perspective and will allow for development of 
a productive and in-demand use that is compatible with the existing and anticipated land uses in the 
surrounding area.  The proposed development will provide a valuable services to residents in the area 
and create economic activity that is complementary to the development pattern along this portion of 
Cave Creek Road.

TAB 1

NWC Cave Creek Rd and Westland Rd, Maricopa County 
N
Aerial Map
Site

TAB 2

NWC Cave Creek Rd and Westland Rd, Maricopa County 
N
Existing Zoning Map

NWC Cave Creek Rd and Westland Rd, Maricopa County 
N
Proposed Zoning Map

TAB 3

Doug Jones, P.E., CFM
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-0790
www.maricopa.gov/planning
Email address:
Doug.Jones@maricopa.gov
 
Planning & Development
Engineering Plan Review
Date:  
August 18, 2023
Memo To:
Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development
Attn:
Joel Landis, Planner, Planning & Development Services
cc:
Michael Norris P.E., Engineering Manager, Planning and Development
Bob Fedorka, PE, Engineering Supervisor, Planning & Development
From:
Doug Jones, PE, CFM, Plans Examiner Engineer, Planning & 
Development
Subject:  
Z2023090 – Cave Creek Toy Barn Zone Change w/out POD RU-43 -> 
C-2 RUPD
APN(s):
211-46-032B, 211-46-026
Engineering Review has reviewed the first plan and report routed for review on 
08/01/2023, for the subject application and has No Objections subject to the following 
conditions:
1.
Any new site improvements will require a Plan of Development and Traffic 
Impact Study. 
2.
The submitted site plan shows development within the federal patent easement 
area. The site is encumbered by Federal Patent easements. Unless 
abandoned, these easements must remain intact for their intended use. See 
link 
below 
for 
abandonment 
process. 
https://www.maricopa.gov/775/Abandonment-of-Patent-Easements. 
This 
must be completed prior to issuance of building permits.
3.
Without the submittal of a plan of development, no development approval will 
be inferred by the engineering review, including, but not limited to drainage 
design, site access and roadway alignments. These items will be addressed 
as development plans progress and are submitted to the County for further 
review and/or entitlement. 
4.
Engineering review of planning and/or zoning cases is for conceptual design 
only. 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.
All plans and reports should be developed and formatted to document that the 
project is designed to meet all County regulations, ordinances and design 
standards.

Page 2 of 3
It is incumbent upon the engineer to demonstrate compliance with all 
regulatory requirements and County design standards.
Please contact me with any questions.
DRAINAGE PLAN REVIEW REFERENCES:  
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272 
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369 
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:  
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630 
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District 
PND TRANSPORTATION REFERENCES:
Residential Driveway Guidelines
https://www.maricopa.gov/documentcenter/view/362 
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364 
For Additional Information See:
https://www.maricopa.gov/156/MCDOT 
PND STORMWATER QUALITY (SWPPP) REFERENCES:
Storm Water Quality Management and Discharge Control Regulation
https://www.maricopa.gov/DocumentCenter/View/6577
Air Pollution Control Regulations Rule 310
https://www.maricopa.gov/DocumentCenter/View/5354 
For Additional Information See:
https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste

Page 3 of 3
Abbreviations Key:
Drainage:
DD = 
Department Directive (See: http://www.maricopa.gov/1911/Department-
Directives)
MCZO =
Maricopa County Zoning Ordinance
DPSM = 
Maricopa County Drainage Policies and Standards
SSA = 
State Standard Attachment
DDMV1= Maricopa County Drainage Design Manual – Hydrology
DDMV2 = Maricopa County Drainage Design Manual – Hydraulics
Flood Control:
FRMC =
Floodplain Regulations for Maricopa County
PND Transportation:
RDM = 
MCDOT Roadway Design Manual
RDG = 
MCDOT Residential Design Guidelines
MSRP = 
MCDOT Major Streets and Routes Plan
PND Storm Water:
SWMDCR=
Maricopa County Storm Water Quality Management and Discharge 
Control Regulation
DDMV3= Maricopa County Drainage Design Manual – Erosion Control
APCR=
Maricopa County Air Pollution Control Regulations – Rule 310

Page | 1  
 
 
Subdivision 
Infrastructure  
& Planning Program 
301 W. Jefferson St. 
Phoenix, AZ 85003 
 
Subdi vi sio n@mari co pa.go v 
esd.mar i co pa.go v 
 
 
 
 
 
The Maricopa County Environmental Services Department (MCESD) has completed review 
for the Cave Creek Toy Barn 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. 
 
Setback requirements must be maintained per Arizona Administrative Code, Title 18, 
Chapter 9, Article 312, C (Features Requiring Setbacks). 
 
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov. 
Subdivision and Infrastructure –  
An Approval to Construct application is required and must be submitted to MCESD’s 
Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system 
infrastructure. 
 
A will serve letter issued by the Utility is required and must be submitted to MCESD’s 
Subdivision & Infrastructure Program if the site/development will be provided with water 
and/or reclaimed water by a Utility.  A capacity assurance letter issued by the Utility is 
required to MCESD’s Subdivision & Infrastructure Program if the site/development 
wastewater service is being provided by a Utility. 
 
For subdivision related questions, please contact the Subdivision and Infrastructure 
Program at (602) 506-1058 or email subdivision@maricopa.gov. 
Project Name: Cave Creek Toy Barn 
Primary Contact Name: Alex Hayes 
Planning Application Type: Zone Change 
with Overlay 
APN(s): 211-46-032B 
Reviewer: Ryan Hall, P.E. 
Email: Ryan.Hall@maricopa.gov 
Phone: 602-918-1241 
Planner Name: Joel Landis 
Planning Case #: Z2023090 
Date: September 12, 2023 
 
Water and Waste Management Division

Page | 2  
 
 
Additional Notes –  
Environmental Services does not require these items for condition of approval of Z2023090, 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.

August 28, 2023 
 
 
 
Joel Landis 
Maricopa County  
Planning and Development Department 
301 West Jefferson Street, Suite 170 
Phoenix, Arizona 85003 
 
RE: Z2023090 – REZONING FROM RU-43 TO C-2 CUPD TO ALLOW FOR A 
STORAGE CONDO FACILITY LOCATED AT THE NORTHWEST CORNER OF 
CAVE CREEK ROAD AND WESTLAND ROAD 
 
Dear Mr. Landis: 
 
Thank you for the opportunity to comment on Z2023090. The applicant is requesting to 
rezone approximately 6.9 acres located at the northwest corner of Cave Creek Road 
and Westland Road (Parcel No. 211-46-026 and a portion of Parcel No. 211-46-032B) 
from RU-43 (Rural Zoning District – One Acre Per Dwelling Unit) to C-2 (Intermediate 
Commercial), with a CUPD (Commercial Unit Plan of Development) Overlay to allow a 
self-service storage condo facility. 
 
Staff has reviewed the request and has the following comments and recommendations: 
 
• The subject site is not located within the City of Phoenix municipal boundaries; 
however, the site is located within the City of Phoenix planning area. The subject site 
is designated “Residential 0 to 2 dwelling units per acre” on the City of Phoenix 
General Plan Land Use Map. Thus, the proposed request would not be consistent 
with the General Plan Land Use designation. 
 
• The subject site is located within the North Land Use Plan area and is designated 
“Residential 0 to 1.5 dwelling units per acre”. The proposed request is not consistent 
with the North Land Use Plan designation. 
 
• The subject site is directly adjacent to single-family residential use zoned RU-43 
(Maricopa County) to the north and single-family residential use zoned R-35 (Town 
of Cave Creek) to the west. The site also abuts property zoned RU-43 (Maricopa 
County) with a nursery to the south and commercial uses with General Commercial 
(Town of Cave Creek) zoning to the east. 
 
• The subject site abuts Cave Creek Road, which was designated a scenic corridor by 
the Phoenix City Council in 1986. The City of Phoenix recommends a 205-foot 
setback from the centerline of Cave Creek Road, consistent with the 
recommendations of the 1987 Peripheral Areas C and D General Plan.

Joel Landis 
August 28, 2023 
Page 2 of 2 
 
 
• The proposed self-service storage condo facility would require a minimum of C-2 SP 
(Intermediate Commercial, Special Permit) zoning in the City of Phoenix and would 
be subject to the following regulations found in Sections 623 and 647.A.2.i of the 
City of Phoenix Zoning Ordinance. If approved, the City of Phoenix recommends the 
following stipulations be considered: 
 
1. All buildings and operations including parking areas shall maintain at a minimum 
a 10-foot landscape setback along all interior lot lines not on a street. The 
standards are consistent with commercial zoning standards in the C-2 district. 
 
2. All parts of the perimeter which are adjacent to a residential zone shall be 
screened by a fence or wall. 
 
3. Any lighting shall be placed so as to reflect the light away from adjacent 
residential districts.  
 
4. No noise, odor or vibration shall be emitted so that it exceeds the general level of 
noise, odor or vibration emitted by uses outside the site. Such comparison shall 
be made at the boundary of the site. 
 
Please contact Anthony Grande at (602) 256-5648 or anthony.grande@phoenix.gov if 
you require any additional information. 
 
Sincerely, 
 
 
Joshua Bednarek, Director 
Planning and Development Department 
 
 
c: 
Maricopa County File 
 
Anthony Grande

Re: Z2023090 - ZC w/ Overlay: Toy Barn - APNs 211-46-026 & 211-46-032B - Sup. District
2
Jack Farmer <jack@santolinafarm.com>
Tue 11/7/2023 8:40 PM
To:​Joel Landis (PND) <Joel.Landis@maricopa.gov>​
Thank you for the information. 
  I would approve of development.
Jack Farmer
On Tue, Nov 7, 2023 at 3:04 PM Joel Landis (PND) <Joel.Landis@maricopa.gov> wrote:
Hello,
I've received a 2nd submission for this project (attached). Please let me know if you have any
additional questions or comments via email. Please be aware that this case has been tentatively
scheduled for hearing for the December 7, 2023 Maricopa County Planning and Zoning Commission
meeting. Please let me know if you would like more information on how to attend the hearing.
Maricopa County Logo
Joel Landis
PLANNING & DEVELOPMENT
301. W Jefferson St. Phoenix, AZ 85003
Planner
O:   602-506-8358    
MARICOPA.GOV
Facebook | Instagram | Twitter | YouTube 
From: Joel Landis (PND)
Sent: Tuesday, August 1, 2023 2:00 PM
Subject: Z2023090 - ZC w/ Overlay: Toy Barn - APNs 211-46-026 & 211-46-032B - Sup. District 2
 
Hello,
 
This email is to inform you of a proposed rezone to develop a toy barn, most near to the intersection of Cave
Creek Rd and 53rd St, parcels 211-46-032B and 211-46-026 within Maricopa County jurisdiction, planning
case Z2023090. As a registered party within the Area of Interest, this email is to inform you of this application.
 
Additionally, a Technical Advisory Committee (TAC) meeting has been tentatively scheduled for September 5. If
you wish to attend, please send me an email. Attached are additional instructions on how to access the
proposal documents and I have also attached the site plan and narrative for the submittal to this email.
 
Please let me know if you have questions or comments via email. Please note that due to the existence of active
case Z2023052 on parcel 211-46-032B, Z2023090 will require a lot recombination between these two parcels.

Proposed Rezoning at Cave Creek Rd. & Westland
Carole Perry <laughingglass@mindspring.com>
Mon 8/28/2023 8:39 PM
To:Joel Landis (PND) <Joel.Landis@maricopa.gov>
Cc:hayes@wmbattorneys.com <hayes@wmbattorneys.com>
Dear Mr. Landis:
I am aware of the request by Wesley Development Company, LLC, to rezone several parcels of
land just north of the intersection of N. Cave Creek Rd. and Westland Rd from RU-43 (desert
rural) to C-2 (commercial). While this is technically a piece of Maricopa County island, it sits
inside an old neighborhood ~ Saguaro West ~ that covers territory in the County, Cave Creek
and Phoenix. We are an historically quiet, rural neighborhood, with a diverse array of homes
and homeowners who greatly value our quiet community and are determined to protect our
homes from further traffic noise and light pollution.
While Wesley Development is claiming to propose another Toy Barn storage facility, we wonder
if that is even the true plan since there is currently another Toy Barn storage facility less than 3
miles away. And if you approve the rezone, the ultimate and actual build out could be just about
anything as defined in the C-2 zoning ~ "...a district of commercial uses...to provide for a wide
range of types of commercial activity within the district."
I am unable to attend the information meeting scheduled for Sept. 7, 6:00 p.m., at the Toy Barn
located at 31614 N. Cave Creek Rd. (3 miles away as mentioned earlier), because we will be 
in Yellowstone Nat'l Park from Sept. 1-15, but would like to ensure that my strong objection to
this rezone request is made public at that time. Please give careful consideration to the many
deserving residents of Saguaro West who will be negatively impacted by any change to the
current RU-43 (one acre per dwelling) zoning we all currently respect and adhere to.
Thank you for your time and consideration on this very important matter,
Carole Perry, owner/artist
Laughing Glass Studio
4944 E. Sawmill Circle
Cave Creek, AZ 85331
cell: 480) 239-2463
 
c: Alex Hayes, attorney, Whitney Morris  Baugh