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January 24, 2024 Z2023090 Page 1 of 4 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: January 24, 2024 Case #/Title: Z2023090 - Wesley Toy Barn Supervisor District: 3 Applicant/Owner: Alex Hayes, Withey Morris Baugh, PLC / Scenic Foothills LLC and Wu Hoi Shan Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located north of the northwest corner of Cave Creek Rd. and Westland Rd. in the Phoenix/Cave Creek area Site Size: Approximately 6.9 acres County Island Status: Yes, City of Phoenix Additional Comments: The proposed rezone is the first step in the development of a toy barn facility. Essentially these are higher end self-storage facilities for toy barns, man caves, etc. that will be subject to a condominium regime of ownership – individual units with common area access, parking and a clubhouse. The units would not allow for residential occupancy or commercial storefronts (and these will be conditions placed on the building permits). Such facilities are used to store higher end goods or workshop materials. The site is located with City of Phoenix’s planning area. The City expressed concern with the development not its general plan land use designation (Residential 0-1.5 du/ac) and requested several conditions regarding fencing, landscaping, lighting, and site emissions which have been incorporated into the Commission’s recommendation. Staff also notes the applicant’s public outreach led to several conditions and aspects of the CUPD overlay to help develop the site in-line with the neighborhood’s semi-rural aesthetics such as lower maximum building heights to retain viewsheds, setback requirements to existing residences, and preventing of access along an easement to the west that directly accesses a residential community. These are also incorporated into the Commission’s recommendation. Additionally, staff received an appeal form to the Commission’s recommendation from a neighboring resident to the site expressing concern that the Town of Cave Creek had not provided any comments on the zoning January 24, 2024 Z2023090 Page 2 of 4 and potential traffic concerns caused by future development. They requested a postponement until such concerns could be addressed by Town of Cave Creek. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023090 subject to 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: January 24, 2024 Z2023090 Page 3 of 4 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: 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. January 24, 2024 Z2023090 Page 4 of 4 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, 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: Darren Gérard, AICP, Planning Manager Attachments: 12/7/23 P&Z Packet (32 pages) 12/18/23 PZ Appeal Form (2 pages) Note: 12/7/23 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. 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 This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. From: noreply@civicplus.com To: PND PZAppeal Subject: Online Form Submittal: Appeal of Planning and Zoning Commission Recommendation Date: Saturday, December 16, 2023 2:22:28 PM Appeal of Planning and Zoning Commission Recommendation Appeal Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if this appeal form is received within 15 calendar days following Commission hearing, then the agenda item will be placed on the regular agenda for the Board of Supervisors hearing. Name Richard T Conley Email Address bighatnohorse@gmail.com Address 33852 N 52nd St City Cave Creek State AZ Zip Code 85331 Phone Number 2532254695 Fax Number Field not completed. Case Number / Project Name Z2023090 Planning & Zoning Commission Hearing Date January 24, 2024 Reason for the Appeal of the Subject Case Zoning Case is Z2023090 - Toy Barn The Proposed rezone land is adjacent to residential property whose use is tightly restricted by the local municipality of the Town of Cave Creek. The rezoning of County un-incorporated land to a C-2 zone is unfair because it's rezoning decision has not been reviewed by the Town of Cave Creek for the purpose of coordinated zoning rules and traffic impact. Postponement of this rezoning should be considered until the Town of Cave Creek has been asked to address the issue of mis-matched zoning restrictions and how mitigation might be implemented. Electronic Signature Agreement I agree. Electronic Signature Richard T Conley Email not displaying correctly? View it in your browser.