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January 25, 2023 Z2020049 Page 1 of 3 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 25, 2023 Case #/Title: Z2020049 – Brown RV & Boat Storage Supervisor District: 1 Applicant/Owner: Jeff Welker, Welker Development Resources / D&S Real Estate Management LLC Request: Special Use Permit (SUP) for RV & Boat Storage and carnival business storage of semi-trucks and trailers in the Rural-43 zoning district Site Location: Generally located ¼ mile northeast of the northeast corner of Arizona Ave. and Appleby Rd. in the Chandler area Site Size: Approx. 9.9 acres County Island Status: Yes (City of Chandler) Additional Comments: The request is to develop the site for commercial storage of RVs, boats and the owner’s carnival equipment storage to include semi-trucks and trailers. The facility has been used for commercial storage and operated without proper entitlement, although no code violations exists. Approval of the SUP application will allow the owner to bring the site into conformance with the MCZO and obtain the necessary permits with as-built construction. The site is within the City of Chandler municipal planning area with a designation of Employment/Industrial, the use is in conformance with the land use designation. The City did not issue comments on the application. There are no outstanding concerns from reviewing agencies. Staff did not receive any calls or public comment on the application, there is no known opposition. Commission Recommendation: On 12/9/22, the Commission voted 9-0 to recommend approval of Z2020049 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “D+S Real Estate Management Brown RV Storage”, consisting of 1 full-size sheet, dated revised August 2, 2022, and stamped received October 5, 2022 except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site January 25, 2023 Z2020049 Page 2 of 3 plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Brown RV & Boat Storage”, consisting of 7 pages, dated revised September 23, 2022, and stamped received October 5, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3. At the time of application for building permit(s), detailed grading and drainage plans must be provided. 4. The site is located in a Special Flood Hazard area AH. A floodplain use permit is required and will be prepared by the Plans Examiner Engineer for the Building permit submittal. 5. The expansion portion of the site is in an AH floodplain. Compensatory volume is required for all material (dirt, rock, pavement, etc.) or structures that are added to the site. Compensatory volume can be created by removing dirt from the site in equivalent volume to the material being added. Submit a Drainage Report that clearly describes how the compensatory volume will be attained with the first building permit submittal. 6. All improvements outside of the property line will be removed from the railroad and/or other properties as shown on the grading & drainage plan. d. This special use permit is valid for a period of 10 Years and shall expire on January 25, 2033 or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. A single double-faced lighted monument sign is allowed at a maximum height of 12’ as identified on the site plan. The lighting shall conform with the Maricopa County Zoning Ordinance Article 1401.3.3 General Sign Regulations – Sign Lighting. The sign shall not be lit between 10:00 p.m. – 6:00 a.m. f. 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 January 25, 2023 Z2020049 Page 3 of 3 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. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Rachel Applegate, Senior Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 12/8/22 P&Z Packet (29 pages) Note: 12/8/22 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2020049 Page 1 of 10 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2020049 – Brown RV & Boat Storage Hearing Date: December 8, 2022 Supervisor District: 1 Applicant: Jeff Welker, Welker Development Resources Owner: D&S Real Estate Management LLC Request: Special Use Permit (SUP) for RV & Boat Storage and carnival business storage of semi-trucks and trailers in the Rural-43 zoning district Site Location: Generally located ¼ mile northeast of the northeast corner of Arizona Ave. and Appleby Rd. in the Chandler area Site Size: Approx. 9.9 acres Density: N/A County Island: Yes (City of Chandler) County Plan: Vision 2030 Comprehensive Plan - Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Chandler General Plan and Airpark Area Plan – Employment /Industrial Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions Z2020049 Page 2 of 10 Project Summary: 1. The request is for a Special Use Permit (SUP) to accommodate commercial storage of RVs, Boats, and the owner’s carnival equipment including semi-trucks and trailers. The site consists of 9.9 acres and is located within a City of Chandler county island comprised of 15 privately owned parcels. The parcel has been utilized for commercial storage and has operated without proper entitlement, although no open code violation currently exists. Approval of this application would bring the site into compliance with the Maricopa County Zoning Ordinance and allow the owner to obtain the necessary permits for site improvements and as-built construction. The site use includes existing residential uses and an approved SUP for a wireless communication facility located at the northwest region of the site approved with Z96-65. 2. The narrative states the owner purchased the property in 2013 which was utilized as landscape business and tree nursery. The owner has utilized the property for Brown Amusements (carnival business) storage with equipment being transported to county and regional fairs in the western states including Arizona, New Mexico, Utah and Idaho. The applicant notes the business is operating at property in Mesa. This site would not include any business activity, but only storage of the equipment since the equipment is transitory. The site is currently being utilized as a tree nursery for the existing agricultural/landscape business to the east of the site. The tree nursery use will terminate upon approval of the SUP. 3. The RV/Boat storage would have hours of operation Monday – Saturday from 7 am to 5 pm. Customers would be provided secured access via gated entrance for 24/7 access. The existing residential uses will serve as office and living quarters for the owner and three employees. The site plan shows 12 rows of canopy covered RV/boat storage with 192 spaces, and a single row of 14 uncovered spaces. The canopies will be 16’ in height, and no outdoor light poles are proposed with the request. The site will be secured with a 6’ CMU wall with gated entrance along Appleby Rd. 4. The owner’s carnival business will take up the rear portion of the site with 44 uncovered parking (three rows) from the north property line. The narrative states no RV/boats would be allowed within this region. The site plan shows a total of 110,640 sq. ft. with a lot coverage of 26% which exceeds the 25% base standard by 1%. 5. The applicant states the use would be a benefit to the area by providing storage needs due to residential growth and development. Homeowners in the region would be able to adhere to CC&Rs and jurisdictional codes that limit or prohibit the storage of RVs/boats. The narrative references a new development on the west side of the adjacent railroad tracts (La Costera Landing subdivision) that could have a need for storage uses. 6. The project will be completed in a single phase after determination of the SUP. There are existing structures on-site that staff was unable to find permits; the owner intends to file for as-built permits. Z2020049 Page 3 of 10 Excerpt of Site Plan (north is to the right), showing storage of RVs/boats and owner’s carnival equipment storge, and existing WCF. 7. Access to the site would be from Appleby Rd. which is a midsection alignment local street. The applicant has submitted documentation for right-of-way dedication with MCDOT which is currently in progress. Access to the RV/boat storage, carnival storage and WCF maintenance would be from the western driveway. The site currently has 3 driveways along Appleby Rd., and the applicant is requesting deviation to MCZO regulation to allow for a third driveway. MCZO Regulation 1102.7.12: Only one parking area entrance and one parking area exit; or one combined parking area entrance and exist is allowed for a lot or parcel along any one street unless otherwise approved by the County Engineering. 8. The two driveways along the west and east do not meet the requirement for the 25’ x 25’ sight visibility triangle. Site improvements for development of the property would include moving these driveways to accommodate the sight visibility triangles on-site and not encumber neighboring properties. The central driveway has been utilized for the residence and the narrative states changes will be made to landscaping and the existing wall to ensure the 25’ x 25’ SVT is established. The eastern driveway is utilized as an exit for the residence. The site plan shows all parking and driveways will be paved with asphalt and/or concrete in compliance with MCZO regulation 1102.7.1. A monument sign is proposed along the western driveway to be 12’ in height, double faced with illumination for the RV/boat storage to be located within the front yard. The sign would need to conform to the MCZO sign lighting standards with no lighting between 10:00 pm – 6 a.m. Wall signs are not proposed and outdoor lighting poles are also not proposed with the request. The narrative indicates there are no other business uses existing or proposed beyond the RV/boat storage and owner’s storage of carnival equipment. 9. Directly to the west of the site is Union Pacific Railroad right-of-way. Upon review of aerial imagery, there is encroachment into the right-of-way with existing storage stall. The narrative states that in 2006/2007 the previous owner constructed concrete/masonry stalls for storing landscape rock materials. These stalls encroach into the right-of-way, the current owner utilized this space for storage of equipment. Upon approval of the SUP and submittal of required permits, the owner will remove the stalls during construction of the 6’ high masonry fencing. Z2020049 Page 4 of 10 10. This Special Use Permit application was routed to the Union Pacific Railroad, a response was received from Anna Dancer, Senior Analysis Field Operations with Real Estate/Finance. The response indicated they would be okay for the continued use under a land lease agreement with the railroad. If the owner decides against pursuing the land lease agreement, the full encroachment must be removed. The comments also state they do not have any objections to the land use. Upon discussion with the applicant, the owner is not interested in pursuing the land lease agreement and will remove all construction as part of the building permits for site work. 2022 aerial image – Source: Assessor GIS 11. The application was also routed to the City of Chandler for review/comment, but they did not provide any comments. ADOT responded that the site is ½ mile away from ADOT highway facilities and that the use is not anticipated to cause an impact to existing ADOT facilities. The site has an existing well for water service and on-site septic for wastewater. A dump station is not included as part of the RV/boat storage use. Z2020049 Page 5 of 10 Aerial image of subject site Zoning map of adjacent Rural-43 zoned properties and adjacent Chandler jurisdiction. Z2020049 Page 6 of 10 12. The subject site has an effective floodplain AH designation. This incudes areas that are subject to inundation by 1% annual chance of shallow flooding (usually areas of ponding) where average depths are between one and three feet. A floodplain use permit will be required as part of building permit submittal. Source: Floodplain & Elevation Certificate Viewer Existing On-Site and Adjacent Zoning / Land Use: 13. On-site: Rural-43/ residential and on-site storage of trucks/equipment North: PAD (Chandler jurisdiction) / Queen Creek Commerce Center South: Rural-43/ Appleby Rd., then tree nursery East: Rural-43 / agricultural/tree nursery West: Rural-43 / Union Pacific Railroad then La Costera Landing subdivision (Chandler PAD zoning) with 137 residential lots Utilities and Services: 14. Water: On-site well Wastewater: On-site septic School District: Chandler Unified School District Fire: City of Chandler Police: MCSO Z2020049 Page 7 of 10 Right-of-Way: 15. 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. The applicant has filed the documentation for right-of- way dedication with MCDOT for Appleby Rd. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Appleby Rd. 18’ 40’ Local – midsection alignment Adopted Plans: 16. Maricopa County Comprehensive Plan Vision 2030 (adopted January 2016): The plan designates the site as Rural Development Area (0-1 d.u./ac.). 17. City of Chandler General Plan 2016 A Vision Refined (adopted April 2016): The subject site is designated as ‘Employment’, this defined as major employers, industrial/business parks and industrial support uses. This includes a compatible mix of commercial and residential densities. 18. City of Chandler Airpark Area Plan (adopted November, 1998): The subject site is also identified within the Airpark Area Plan with a designation of Industrial. The plan identifies Arizona Avenue corridor as an area of intense industrial land uses. The site is also within the ANO-1 which includes the 55 LDN – 60 LDN Noise Contour. Public Participation Summary: 19. The applicant complied with the requirements of the Citizen Review Process with the required posting of the property and notification by first class mail to interested parties and notification to adjacent property owners within 300’ of the subject site. The results report indicated that they had 5 people inquire about the SUP application. One individual raised concerns with diminished property values, light/noise pollution and hours of operation. The owner provided information that upon discussion with an appraiser the use would not impact existing single-family residences. Lighting would be minimal and maintained with the use, and typically storage facilities do not generate noise. The report states the individual was satisfied with the response from the owner. Staff has not received any calls or correspondence to the request. There is no known opposition. Outstanding Concerns from Reviewing Agencies: 20. N/A. Staff Analysis: 21. Staff notes this site has been utilize for outdoor commercial storage since 2013 in violation of the zoning ordinance, although no code violation currently exists. The SUP application would bring the site into compliance and allow the owner to expand the existing land uses on the property to accommodate commercial storage of RVs and boats. There has been no public comment on the application from the public or areas of interest. Staff is Z2020049 Page 8 of 10 supportive of the SUP for outdoor storage uses to accommodate two uses for a 10-year timeframe. There is existing railroad right-of-way directly to the west, commerce center being constructed to the north, and existing agricultural uses to the east and south of Appleby Rd. The region has developed with residential uses in Chandler to the west of the railroad line with Cachete at Paseo Lindo and La Costera Landing. Land uses to the east along Appleby Rd. include outdoor storage, agricultural, and a City of Chandler maintenance facility at McQueen and Appleby Rd. 22. The City of Chandler did not provide any comments on the application, but staff believes the proposal of outdoor storage uses complies with the City’s plan designation of Employment to include commercial and industrial uses. The SUP timeframe would allow the County to evaluate the use and analyze growth and development patterns within the County island and nearby Chandler to determine if the use is still compatible and appropriate with development of the region. 23. The project includes two variations to the Rural-43 zoning district standards, lot coverage of 26% where the base standard allowance is 25%. Due to the proposed new canopies for RV/boat storage, they exceed the standard by 1%. The applicant is also requesting deviation from MCZO 1102.7.12 to allow the existing three driveways to remain. The central and eastern driveways are utilized for residential uses, while the western driveway will be the primary access for the storage, WCF and owner’s storage uses. Engineering did not have any comment on the three driveways, but staff supports a single driveway to accommodate the commercial uses separate from the driveway for residential use. The site plan references a freestanding monument sign to be 12’ in height in compliance with MCZO Article 1402.5 to be similar in height for monuments utilized for publicly operated uses. Staff notes the commercial zoning district allows for larger signage, but the owner intends to construct a monument sign in compliance with the existing Rural-43 standard with a reduced setback, which staff supports the variation in signage. The site plan shows multiple storage buildings which are utilized by the owner, but the applicant has stated there will only be two uses proposed for RV/boat storage and carnival equipment storage. There is not another associated commercial use with the buildings. Staff notes approval of the SUP is only associated with the requested uses, so any business use that goes beyond these would be in violation of the MCZO. 24. The existing railroad right-of-way encroachment will be removed during construction/development of the site. Planning Engineering has provided a condition as to address removal of the existing stalls with site improvements. The owner is aware that as-built permits will also be required for unpermitted structures on the property. Recommendation: 25. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2020049 subject to the following conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “D+S Real Estate Management Brown RV Storage”, consisting of 1 full-size sheet, dated revised August 2, 2022, and stamped received October 5, 2022 except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site Z2020049 Page 9 of 10 plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Brown RV & Boat Storage”, consisting of 7 pages, dated revised September 23, 2022, and stamped received October 5, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3. At the time of application for building permit(s), detailed grading and drainage plans must be provided. 4. The site is located in a Special Flood Hazard area AH. A floodplain use permit is required and will be prepared by the Plans Examiner Engineer for the Building permit submittal. 5. The expansion portion of the site is in an AH floodplain. Compensatory volume is required for all material (dirt, rock, pavement, etc.) or structures that are added to the site. Compensatory volume can be created by removing dirt from the site in equivalent volume to the material being added. Submit a Drainage Report that clearly describes how the compensatory volume will be attained with the first building permit submittal. 6. All improvements outside of the property line will be removed from the railroad and/or other properties as shown on the grading & drainage plan. d. This special use permit is valid for a period of 10 Years and shall expire on January 25, 2033 or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. A single double-faced lighted monument sign is allowed at a maximum height of 12’ as identified on the site plan. The lighting shall conform with the Maricopa County Zoning Ordinance Article 1401.3.3 General Sign Regulations – Sign Lighting. The sign shall not be lit between 10:00 p.m. – 6:00 a.m. Z2020049 Page 10 of 10 f. 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. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions, or the expiration of the Special Use Permit, does not reduce any rights that existed on the date of application to use, divide, sell or possess the property and that there would be no diminution in value of the property from the value it held on the date of application due to such revocation or expiration of the Special Use Permit. The Special Use Permit enhances the value of the property above its value as of the date the Special Use Permit is granted and reverting to the prior zoning results in the same value of the property as if the Special Use Permit had never been granted. Presented by: Rachel Applegate, Senior Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (7 pages) Engineering comments (2 pages) MCESD comments (1 page) Union Pacific Railroad comments (5 pages) ADOT comments (2 pages) MARICOPA COUNTY / Maricopa County Planning & Development - Phoenix, AZ 1 Gross Acres: 10 approx. Generated November 9, 2022 14:09 PM Z2020049 Application Name: Legal Description Brown RV Storage Applicant Case Address T02S R05E 015, JEFF D WELKER for WELKER DEVELOPMENT RESOURCES 11428 E APPLEBY Rd Applicant Phone/Email Parcel Primary:303-41-015A 480.209.7167 jeffw@wdrllc.net CHANDLER AZ 85286 Map scale 1:3,230 Supervisor District No. BROWN RV GARAGE SPECIAL USE PERMIT 5.3585 in Z2020049 Received 10/5/2022 S ub m i tt ed on b eh a lf of: D & S R E A L E S T A T E M A N A G E M E N T L L C Submitted: May 6, 2020 Revised: March 2, 2021 Revised: February 22, 2022 Revised: September 23, 2022 Submitted by: WELKER DEVELOPMENT RESOURCES 3125 E Dover Street Mesa, AZ 85213 Submitted to: MARICOPA COUNTY PLANNING & DEVELOPMENT 301 W Jefferson Street, Suite 170 Phoenix, AZ 85003 BROWN RV & BOAT STORAGE SPECIAL USE PERMIT NARRATIVE MARICOPA COUNTY Case/Tracking #Z2020049 Z2020049 Received 10/5/2022 Special Use Permit Narrative - Brown RV & Boat Storage A. PURPOSE OF REQUEST Welker Development Resources, LLC (“Applicant”), on behalf of D&S Real Estate Management, LLC (“Owner”), respectfully submits an application for a Special Use Permit (SUP) to allow for a commercial use on a portion of the 9.9 acres of land located at 11428 E Appleby Road. Also known as Maricopa County Parcels #303-41-015A (“Property”). B. DESCRIPTION OF PROPOSAL The primary uses for the Property include RV & boat storage, residential uses, a wireless communication facility, and semi-truck/trailer storage for owner’s carnival business only. These primary uses would be consistent with Maricopa County standards and as depicted on the site plan. Normal business hours for the RV & boat storage use will be Monday through Saturday - 7:00 AM to 5:00 PM. Customers that have RV’s and/or boats stored at the site will have 24/7 access via a secure gated entrance as depicted on the site plan. The existing home will serve as an office and living quarters for the Owner/manager and 3 employees. The area designated for storage of semi-trucks/trailers for the owner’s carnival business only is located in the north 3 rows of uncovered parking spaces in the vicinity of the wireless communication facility. No public RV/boat rental spaces will be included/allowed in these three rows. This is intended to be included with this SUP application as discussed in 06/16/2020 TAC meeting. The existing buildings (B through I) located on the southern ⅓ of the Property, and as noted on the site plan, will be used for storage of equipment related to the Owner’s carnival business and public RV/boat storage use. There is an existing wireless communication facility (WCF) on the Property that was approved via a previous County permit. It is the Owner’s intention to maintain the WCF and the proposed site plan provides for required maintenance access. C. Relationship to Surrounding Properties The surrounding zoning and uses are identified as follows: EXISTING ZONING EXISTING USE(S) NORTH PAD Commercial/Industrial SOUTH RU-43 Appleby Road & Plant/Tree Nursery EAST RU-43 Plant/Tree Nursery WEST RU-43 & PAD Southern Pacific Railroad & Residential Subdivision Page of 2 7 Special Use Permit Narrative - Brown RV & Boat Storage D. PROPERTY HISTORY & CURRENT USE The current Owner purchased the Property in 2013. The prior owner of the Property operated a landscape business and tree nursery for many years. Since 2013, the Owner has used the Property as follows: The approximate southern ⅓ of the Property has been used for the Owner's primary residence, accessory residential uses, and storage of support equipment/supplies associated the Owner’s carnival business. Approximate middle ⅓ of Property is used as a storage yard for the semi tractor/trailer equipment used in the Owner’s commercial business (Brown’s Amusements). The Owner’s business is operating a carnival experience at county and regional fairs located in the western United States (Arizona, New Mexico, Utah, Idaho, etc). Other than the aforementioned semi tractor/trailer equipment storage, the actual business offices for the Owner’s carnival business is located at 550 W. Baseline Road, Suite 102, Mesa, Arizona. No business activity, associated with the Owner’s carnival business, is conducted on the Property. There are no violations currently existing on the Property. For a large part of every year, the aforementioned semi tractor/trailer equipment is not stored on the Property, but is “on the road” as the Owner’s carnival business travels from fair to fair across the western United States. For lack of a better description, the semi tractor/trailer equipment storage is transitory. Approximate north ⅓ of the Property is currently used as a tree nursery for the agricultural/landscape business that has been operated on the parcel(s) adjacent to the east side of the Property. This tree nursery use was ongoing when the Owner purchased the Property. Approval of this SUP application would result in the historic tree nursery use being terminated. Storage of the Owner’s carnival business semi tractor/trailer equipment would be located on the north 3 rows of uncovered parking spaces shown on the site plan. As previously described in this narrative, the existing residential structure(s) will serve as an office and living quarters for the Owner/manager and 3 employees. All driveways and parking areas associated with the SUP uses will be paved with asphalt and/or concrete. E. COMMUNITY BENEFIT As this area of Maricopa County, Chandler, and Gilbert continues to experience residential growth and development, the demand for conveniently located storage facilities naturally follows the new residential rooftops. Homeowners in the area will be able to better adhere to restrictive CC&R’s and jurisdictional codes that limit and/or prohibit storing RV’s and boats on the same property and as primary residences. The recent construction of nearly 150 new residences (La Costera Landing subdivision), on the west side of the Southern Pacific Railroad tracks from the Property, is but one of many examples of the increasing demand for RV and boat storage facilities. Page of 3 7 Special Use Permit Narrative - Brown RV & Boat Storage F. DRIVEWAY LOCATIONS AND ACCESSIBILITY The Property is located on the north side of Appleby Road, approximately 1/2 mile east of Arizona Avenue. Primary access for proposed RV and boat storage facility will be from the western most driveway as depicted on the site plan. Historical aerials clearly depict that three driveways onto Appleby Road have existed and provided access to the Property since it was initially developed - circa 1950’s. As shown on the site plan and civil G&D plan, the Owner intends to continue to use these existing driveways, with adjustment to the west and east driveways. Specifically, the west and east driveways have been moved slightly to the east and west respectively to ensure that the minimum 25’ x 25’ SVT’s are established and maintained. The driveway near the western property line will serve as the primary access for the RV & boat, and the Owner’s carnival business semi tractor/trailer storage. As proposed and depicted on the site and civil G&D plans, the driveway that has existed at this location will be moved slightly to the east to maintain the minimum required SVT from the elevated Southern Pacific rail bed. Consistent with MCZO 1102.7.12, this driveway will be the only RV and boat storage parking area entrance and exit. The existing driveway at the middle of the Property, will remain. As noted on the site and civil G&D plans, this driveway will continue to be used as the primary entrance/ingress for the existing residence. Adjustments to the existing landscaping and wall will be made to ensure the minimum required SVT. The driveway near the eastern property line will serve as the primary exit for the existing residence. As proposed and depicted on the site and civil G&D plans, the driveway that has existed at this location will be moved slightly to the west to maintain the minimum required SVT from the existing property and use adjacent to the east property line. Consistent with MCZO 1102.7.12, these two driveways will be for the combined parking area entrance and exit for the existing residence/office only. These three driveways have existed as points of ingress and egress from Appleby Road for decades. As proposed with this SUP application. Each driveway serves a specific purpose for the land uses involved, will help ensure safe access, and comply with MCDOT and County SVT standards. All driveways and parking areas associated with the SUP uses will be paved with asphalt and/or concrete. G. CIRCULATION SYSTEM The proposed uses as depicted on the site plan will not have any impact on the surrounding offsite circulation system. The on-site circulation will be simply controlled by the proposed and secured entrance/exist. Consistent with County standards, the onsite drive aisles are designed to accommodate access, turning movements, and maneuverability of large commercial vehicles and emergency vehicles. All driveways and parking areas associated with the SUP uses will be paved with asphalt and/or concrete as specified in, and in compliance with, MCZO 1102.7.1. Page of 4 7 Special Use Permit Narrative - Brown RV & Boat Storage H. DEVELOPMENT SCHEDULE This proposed RV & boat storage facility (including canopies), the Owner’s carnival business semi tractor/trailer storage, and related site improvements will be constructed in one single phase immediately after SUP approval, construction plan approval, and issuance of a requisite permits. All existing structures proposed to remain are intended for use as noted on the site plan and it is the Owner’s intent to obtain As-Built Permits for any existing structures not previously permitted. I. SOUTHERN PACIFIC RAILROAD RIGHTS-OF-WAY ENCROACHMENTS As noted, the prior owner operated a landscape and tree farm business on the Property. Based upon historic aerials, in approximately 2006/2007 said prior owner constructed concrete/masonry “stalls” for storing/segregating landscape rock materials. Before 2006/2007, this same area was used to store “boxed” trees and agricultural equipment associated with operating a landscape business/tree nursery. Unfortunately, a portion of the “stalls” encroached onto the Southern Pacific Railroad rights-of-way. The current Owner was not immediately aware of this encroachment when it purchased the Property and has intermittently used these “stalls” for parking the aforementioned semi tractor/trailer equipment. The Owner has removed it’s semi tractor/ trailer equipment from this encroachment area. Upon approval of this SUP, and associated plans/permits, the Owner will remove the “stalls” during construction of the 6’ high solid masonry boundary fence noted on the site plan and civil G&D plans. J. COMMUNITY FACILITIES AND SERVICES The Paseo Vista Recreation Area is located approximately ¾ of a mile southeast of the Property. Chandler Hamilton High School is located approximately ½ mile southwest of the Property. Santan Junior High School is located approximately 2 miles southeast of the Property. The Arizona Railway Museum is located approximately 1 mile north of the Property. The Chandler Municipal Airport is located approximately 1.5 miles northeast of the Property. The Tumbleweed Park & Recreation Area is located approximately 1.25 miles north of the Property. The Snedigar Sports Complex is located approximately 1.75 miles southwest of the Property. Lastly, the Bear Creek Golf Complex is located approximately 2 miles south of the Property. Due to the nature of the type of proposed storage yard, demand for new or additional community facilities or services will be created or needed. K. PUBLIC UTILITIES AND SERVICES As depicted on the site plan and civil G&D plans, the existing residence is served potable water via a well and wastewater via an existing septic system. Due to the nature of this proposed RV & boat storage and the Owner’s semi tractor/trailer business only uses, water and/or wastewater services are not currently anticipated other than for fire protection needs as may be required by Maricopa County’s life/safety codes. Page of 5 7 Special Use Permit Narrative - Brown RV & Boat Storage A dump station will not be provided for the RV & boat storage use. The existing WCF does not use or need potable water and/or wastewater services. All uses on the site, existing and/or proposed, are provided electrical service via Salt River Project. L. APPLEBY ROAD RIGHTS-OF-WAY As reflected on the site plan and civil G&D plans, an additional 22’ of public rights-of- way for Appleby Road will be dedicated to Maricopa County. All plans have been adjusted/ revised to reflect this new dedication, it’s impact on the Property and SUP for the proposed RV and boat storage facility. M. SPECIAL USE PERMIT LAND USES As reflected on the site plan and civil G&D plans, the Owner proposes 12 rows (approximately 192 spaces) of RV and boat storage parking “under canopy” and 1 row (approximately 14 spaces) of uncovered RV and boat storage. As reflected on the site plan and civil G&D plans, the northern three rows (approximately 44 spaces) of parking are not covered. This area is designated for parking of semi tractor/trailer equipment associated with the Owner’s amusements business only. This use will be transitory as the semi tractor/trailer equipment will periodically be “offsite” at fairs throughout the western United States. The existing WCF will remain in this area and has been incorporated into the layout. The intensity of the proposed “under canopy” and uncovered RV and boat storage use (approximately 206 spaces) will be a traditional RV and boat storage business that provides long term storage of RV’s and boats owned by residents in the area. As previously noted in this narrative and as depicted on the site plan and civil G&D plans, the Owner proposes to use its existing home will as an office and living quarters for the Owner/manager and 3 employees during normal business hours. N. EXISTING USES & STRUCTURES ON PROPERTY All existing structures were present on the Property at the time of Owner’s acquisition. No permit records were provided by the previous owner. As noted on the site plan, existing structures B through I will be used for storage of equipment related to the Owner’s carnival business and public RV/boat storage. All existing structures designated to remain and be used, as depicted on the site plan and listed on the “Building Summary”, will obtain any and all building permits as required by the Maricopa County Building Department. Other miscellaneous structures on the Property will be removed upon approval of this SUP, approval of the construction plans, and issuance of the required building permits. Page of 6 7 Special Use Permit Narrative - Brown RV & Boat Storage O. SIGNAGE The Owner proposes a single detached monument sign to be located next to the primary driveway/entrance for the RV and boat storage facility. Proposed sign is identified on the site plan. P. OTHER RELATED IMPROVEMENTS The Owner proposes, and the site plan depicts, parking spaces that fully comply with County and ADA standards. No parking reduction is being sought. The Owner is not proposing any outdoor lighting for the site and none is reflected on the site plan or civil G&D plan. As previously noted in this narrative, The existing home will serve as an office and living quarters for the Owner/manager and 3 employees during normal business hours. Accordingly, the Owner will provide ADA compliant restroom(s) in the existing home for use by RV and boat storage customers. Q. OTHER INFORMATION The are no business uses existing or proposed for the Property besides the RV and boat storage use being proposed with this SUP application. As previously noted in Section D of this narrative, no business activity associated with the Owner’s carnival business, is proposed to be conducted on the Property. The Owner only intends to store it’s semi tractor/ trailer equipment used in the Owner’s existing commercial business (Brown’s Amusements) - business office located at 550 W. Baseline Road, Suite 102, Mesa, Arizona. The Owner’s have good relationships with nearby property owners. It is the Owner’s desire and intent that this project will strengthen their association with their neighbors. The applicant and Owner look forward to receiving input from and working with Maricopa County staff and interested citizens so that the approved SUP will allow the development of this asset to the community. EXISTING BUILDINGS USE Sq. Ft. A Owner Residence 2,838 B Tool/Equipment Storage 628 C Covered Canopy Storage Yard 2,034 D Fenced Storage Yard E Equipment Storage 828 F Equipment Service/Repair/Storage 3,362 G Tire Service/Storage 755 H Open Canopy Equipment Service 1,636 I Open Canopy Equipment Service 789 J Fenced Cell Tower Facility Page of 7 7 Jim Kary, P.E. Planning & Development 501 North 44th Street, Suite 200 Phoenix, Arizona 85008 Phone: (602) 506-7151 Fax: (602) 506-8762 www.maricopa.gov/planning Email address: jim.kary@maricopa.gov Maricopa County Planning & Development Department Engineering Plan Review Date: October 20, 2022 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Development Attn: Rachel Applegate, Senior Planner, Planning & Development Services From: Jim Kary, P.E., Plans Examiner Engineer, Planning & Development Services cc: Michael Norris, P.E., Drainage Engineering Manager, Planning & Development Subject: Z2020049 – BROWN RV GARAGE SPECIAL USE PERMIT (E4 Memo) Job Site Address: 11428 E Appleby Road, Chandler, AZ 85286 APN(s): 303-041-015A I have reviewed the application submittal completed on 02/25/2022. Engineering Plan Review (DPR, FCDMC and MCDOT) has no objections to the application. No development approval is inferred by this review. Drainage Plan Review Comments 1. Drainage Review has no objections to the project. MCDOT Comments. 2. MCDOT ROW dedication in progress based on submittals to MCDOT on 10/20/2022. Approval of this case should include the following stipulations: 1. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3. At the time of application for building permit(s), detailed Grading and Drainage Plans must be provided. 4. The site is located in a Special Flood Hazard Area AH. A floodplain use permit is required and will be prepared by the Plans Examiner Engineer for the Building Permit submittal. 5. The expansion portion of the site is in an AH floodplain. Compensatory volume is required for all material (dirt, rock, pavement, etc. ) or structures that are added to the site. Compensatory volume can be created by removing dirt from the site in equivalent volume to the material being added. Submit a Drainage Report that clearly describes how the compensatory volume will be attained with the first Building permit submittal. 6. All improvements outside of the property line will be removed from the railroad and /or other properties as shown on the G&D plan. Please contact me if you have any questions or require any additional information. Water and Waste Management Division Subdivision Infrastructure & Planning Program 1001 N. Central Avenue #150 Phoenix, Arizona 85004 Phone: (602) 506-6666 Fax: (602) 506-5813 TDD 602 506 6704 Maricopa County Environmental Services Department DATE: June 18, 2020 TO : Eric R. Smith, Planning & Development Dept. Planer. FROM: Souren Naradikian, P.E. Senior Civil Engineer SUBJECT: SUP for Brown RV Storage. Z2020046 The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Zoning Department for the above referenced project. This project is a SUP for Brown RV Storage at APN # 303-41-015A. According to the submitted documentation, water and wastewater service providers is City of Chandler and privet septic system, MCESD has concerns. Sewer NOID minor plan review have to be submitted, reviewed and approved, prior to the construction permit approval. Based on the above, MCESD raised no objections to the Planning & Development Department in Accela Automation on June 18, 2020, and the project may proceed with the following stipulations: Stipulations: None It should be noted that this document does not approve the referenced project. Comments are provided only as advisory to Maricopa County Planning and Development Department to assist staff to prepare a staff report. 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 regulations in force at the time of application. From: Antwanette L. Dancer To: Rachel Applegate (PND) Subject: RE: Southern Pacific x Maricopa County Encroachment Issue Date: Wednesday, April 14, 2021 8:01:25 AM Good morning Rachel, Thank you for the information! Given the use (fence line and parking), we would be willing to allow Mr. Welker's use to continue under a land lease agreement with the railroad. I sent him an application if he is interested in pursuing. If he declines the opportunity to lease, we have no objections to the adjacent use, but would like the encroachment fully removed. I am happy to assist when and if needed! Thank you, Anna Dancer Senior Analyst Field Operations (AZ, CO, NM, EPTX) - Real Estate/Finance Union Pacific Railroad| 1400 Douglas StreetMS 1690 | Omaha, NE 68179 P: 402.544.2255 |F: 402.997.4118 NOTE: If applicable, please reference your agreement's Audit or Folder number in all correspondence. Also, please review ourwebsitefor assistance with general questions. From: "Rachel Applegate (PND)" <Rachel.Applegate@Maricopa.Gov> To: "Antwanette L. Dancer" <aldancer@up.com> Cc: "Rachel Applegate (PND)" <Rachel.Applegate@Maricopa.Gov> Date: 04/07/2021 02:10 PM Subject: RE: Southern Pacific x Maricopa County Encroachment Issue * PROCEED WITH CAUTION - This email was sent from outside the Company * Hi Anna, Based upon their site plan and grading/drainage plans, they are showing encroachment into the UP property with notation to remove the parking. The applicant has indicated that they will remove the parking, but upon inspection over this past weekend they are still parking into the UP region. The site plan provided to you shows the parking stalls into the UP property. As part of their proposal to obtain approval for entitlement of the use, they have indicated that the parking spaces will be removed with a proposed 6’ high fence to be installed. The applicant is Jeff Welker with Welker Development Resources - you can contact him at 480-209-7167 or by e- mail at jeffw@wdrllc.net You are also welcome to write up comments/recommendation and provide that to me for the case for consideration. Thank you, Rachel Applegate Senior Planner Planning & Development 602-372-0318 Rachel.Applegate@maricopa.gov From: Antwanette L. Dancer <aldancer@up.com> Sent: Wednesday, April 7, 2021 11:25 AM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Subject: RE: Southern Pacific x Maricopa County Encroachment Issue Good afternoon Rachel, I'm seeking some clarification on this site and have a few questions related to the below: Do the referenced plans include UP property and they are asking UP for permission? Or is the county seeking this detail? (i.e. public notice response) Do you have any photos/details related to the active encroachment described? We would like to reach out to the party about entering an agreementor asking them to fully remove their encroachment, but want to know if we're talking a small parking issue vs a fence-line, 1 foot encroachment vs 20 feet, etc Do you have an email or phone number for the applicant/party you can provide? Thanks! Anna Dancer Senior Analyst Field Operations (AZ, CO, NM, EPTX) - Real Estate/Finance Union Pacific Railroad| 1400 Douglas StreetMS 1690 | Omaha, NE 68179 P: 402.544.2255 |F: 402.997.4118 NOTE: If applicable, please reference your agreement's Audit or Folder number in all correspondence. Also, please review ourwebsitefor assistance with general questions. From: "Rachel Applegate (PND)" <Rachel.Applegate@Maricopa.Gov> To: "Antwanette L. Dancer" <aldancer@up.com> Cc: "Rachel Applegate (PND)" <Rachel.Applegate@Maricopa.Gov> Date: 03/25/2021 01:22 PM Subject: RE: Southern Pacific x Maricopa County Encroachment Issue * PROCEED WITH CAUTION - This email was sent from outside the Company * Good morning Anna, Attached is the secondary submittal of the proposed outdoor storage use for Brown RV Storage - Z2020049. There is additional information the County needs from the applicant on the existing and proposed uses being requested with the Special Use permit. I’m hopeful to get 2nd round of comments out to the applicant sometime next week. I’ve attached the latest revisions for your review/comment. Please let me know if you have any questions. Thank you so much for responding back to my voicemail message. The encroachment is shown along the western boundary. Thank you, Rachel Applegate Senior Planner Planning & Development 602-372-0318 Rachel.Applegate@maricopa.gov From: Antwanette L. Dancer <aldancer@up.com> Sent: Thursday, March 25, 2021 11:13 AM To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov> Subject: Southern Pacific x Maricopa County Encroachment Issue Good afternoon Rachel, I just heard your voicemail regarding the encroachment issue in Maricopa county (APN 30341971). Reaching out to obtain more detail on the user and site detail if possible. Thanks, Anna Dancer Senior Analyst Field Operations (AZ, CO, NM, EPTX) - Real Estate/Finance Union Pacific Railroad| 1400 Douglas StreetMS 1690 | Omaha, NE 68179 NOTE: If applicable, please reference your agreement's Audit or Folder number in all correspondence. Also, please review ourwebsitefor assistance with general questions. ** This email and any attachments may contain information that is confidential and/or privileged for the sole use of the intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies. **[attachment "CIVIL G&D 2021.03.02.PDF" deleted by Antwanette L. Dancer/UPC] [attachment "NARRATIVE REPORT - 2021.03.02.PDF" deleted by Antwanette L. Dancer/UPC] [attachment "SITE PLAN 2021.03.02.PDF" deleted by Antwanette L. Dancer/UPC] ** This email and any attachments may contain information that is confidential and/or privileged for the sole use of the intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies. **[attachment "4-3-21 Site Photos.pdf" deleted by Antwanette L. Dancer/UPC] ** This email and any attachments may contain information that is confidential and/or privileged for the sole use of the intended recipient. Any use, review, disclosure, copying, distribution or reliance by others, and any forwarding of this email or its contents, without the express permission of the sender is strictly prohibited by law. If you are not the intended recipient, please contact the sender immediately, delete the e-mail and destroy all copies. ** From: Bernadette Martinez To: Rachel Applegate (PND) Cc: Peggy Fehlman Subject: BROWN RV STORAGE-2ND REV Z2020049 11428 E Appleby Date: Friday, February 25, 2022 3:13:48 PM Attachments: image001.png image002.png RE: Notice Number:Z2020049 Subject Name:BROWN RV STORAGE-2ND REV APN (if provided):303-41-015A Subject Address (if provided):11428 E Appleby Thank you for your notice of the above referenced item. After review, the above referenced location is more than 1/2 mile from any ADOT proposed or existing highway facility and is not anticipated to cause impacts to ADOT facilities . As such, ADOT has no comment regarding the request associated with this case. ADOT reserves the right to review any future plans, additions and/or changes to this development as to any impact they may have on the State Highway System. Please feel free to contact me should you have any further questions. We appreciate the opportunity to review and comment. Thank you. Bernadette Martinez Right of Way Coordinator Assistant Transportation Construction Technician IV Central District 2140 W. Hilton Ave, MD 700 Phoenix, AZ 85009 602.712.2086 On Fri, Feb 25, 2022 at 11:35 AM Rachel Applegate (PND) <Rachel.Applegate@maricopa.gov> wrote: Good morning, Attached with this e-mail includes the third routing for Z2020049 - Brown RV Storage - Special Use Permit. Please note you can download the application materials from our website. The attached routing memo includes instructions for accessing revision. A Technical Advisory Committee Meeting will not be held, please provide review comments as soon as possible. Please let me know if you have any questions or comments. Thank you, Rachel Applegate Senior Planner Maricopa County Planning & Development Department 301 W. Jefferson St., Suite 170, Phoenix, AZ 85003 Desk: 602-372-0318 Rachel.Applegate@maricopa.gov P&D is now 100% digital for construction permit applications. Find information on our new permit process here.