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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department

Board Hearing Date: June 10, 2020 Case #/Title: Z2019103 – 29 Palms RV, Boat & Storage Supervisor District: 4 Applicant/Owner: Mark Preach, Preach, Incorporated/ Kampwest, LLC Request: Special Use Permit (SUP) to allow commercial storage in the

Rural-43 WHSC zoning district Site Location: Generally located ½ mile northeast of the northeast corner of

163rd Ave. and Grand Ave. in the Surprise area Site Size: Approximately 20 acres County Island Status: Yes (City of Surprise)

Additional Comments: The applicant is requesting a Special Use Permit (SUP) for

commercial storage of recreational vehicles, boats, automobiles, and light equipment on a mostly vacant approximately 20 acre site. The subject site is within the Rural-43 zoning district in the Wickenburg Highway Scenic Corridor (WHSC) zoning overlay. The location of the site is in a remote area between the Beardsley Canal and McMicken Dam adjacent to the Trilby Wash Detention Basin. The facility will be made up of 161 spaces for vehicular and boat storage with enclosed storage units within seven structures in the western portion of the main parcel of the site. In addition, there is an existing structure on the site that will house management services and a caretaker’s quarter. Hours of operation will be between 7:00 a.m. to 6:00 p.m. daily with a total of three employees, two of which will reside on site.

There are no outstanding concerns from reviewing agencies

and there is no known opposition. This site is within the City of Surprise Municipal Planning Area, which was notified and as of the date of this report staff has not received any comments.

The 2035 Surprise General Plan and the County’s White Tanks/

Grand Ave. Area Plan designates the land-use of the subject site as Open Space. The majority of the development of the site will be open consisting of large areas of open space,

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retention areas, and large vehicular storage areas without structures. In addition, the site is located within the WHSC zoning overlay, but the remote location is in the furthest class designation of the zoning overlay, hardly noticeable from the Wickenburg Highway that is half a mile away from the main part of the site. Thus the proposed use of the site would be in concert with the Surprise General Plan, the County’s Area Plan and the WHSC zoning overlay.

Commission Recommendation: On 5/14/20, the Commission voted 7-0 to recommend

approval of Z2019103 subject to conditions ‘a’ – ‘j’:

a. Development of the site shall be in substantial conformance with the site plan entitled “29 Palms Storage”, consisting of three full-size sheets, dated February 6, 2020, stamped dated received on February 25, 2020, except as modified by the following conditions.

b. Development of the site shall be in substantial conformance with the Narrative Report entitled “29 Palms RV-Boat & Storage”, consisting of seven pages, dated February 18, 2020, stamped dated received on February 25, 2020, except as modified by the following conditions.

c. The Special Use Permit shall expire 20 years from the date if approved by the Board

of Supervisors, which is June 10, 2040. Unless the Special Use Permit is renewed or extended or similar zoning entitlement approved, all improvements shall be removed within 120 days of such expiration or termination of use.

d. The following Planning Engineering conditions shall apply:

1. The applicant has indicated that a Flood Control access easement has been granted to the property, prior to issuance of any building permits, the applicant must obtain a right-of-way permit from the Flood Control District for access to the site,

2. New buildings of the site must be elevated to conform to the Floodplain

Regulations for Maricopa County, 3. Renovations to existing building(s) on the site shall comply with FEMA’s

Substantial Improvement/Substantial damage guidelines. The cost of renovation of the existing building shall not exceed $130,000 to comply with these guidelines.

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; MCODT Roadways Design Manual; and current engineering polices, standards and best practices at the time of application for construction.

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5. Detailed Grading and Drainage Plans must be submitted with application for Building Permits. Retention basin volume requirement for the site shall be the first flush volume of runoff.

e. The following developing standards shall apply:

1. Ability to add chain link/cyclone fencing materials under eight-feet for

perimeter fences; 2. Ability to screen outdoor storage with chain link fences without view

obscuring material; 3. No setbacks for accessory structures; 4. Ability to place accessory structures in required front/street side yards and

ability to take up more than 30% of the required yards; 5. Freestanding signs 72 square feet maximum; 6. No setback requirements for freestanding signs; 7. Wall signs of 90 square feet maximum; 8. Wall signs maximum height of 30 feet; 9. The driveways, parking areas, and storage areas must be surfaced with

decomposed granite, asphalt, or concrete to minimize dust pollution emanating from these areas.

f. The four existing parcels shall be combined into a single property, within 90 days

of Board of Supervisors approval. g. All buildings subject to sound attenuation as per A.R.S § 28-8482(B) and Maricopa

County regulations.

h. Prior to occupying the existing residence or any portion thereof for any use Associated with the Special Use Permit, the applicant shall obtain a Building Permit to retrofit the existing residence to meet current commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy.

i. 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.

j. The granting of this change in use of the property has been granted 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 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 Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore,

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stipulated and agrees 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 of value as of the date of 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: Martin Martell, Planner Reviewed by: Darren Gerard, AICP, Planner Manager Attachment: 5/14/20 P&Z Packet (22 pages) Note: 5/14/20 Draft P&Z Minutes are not available as of the writing of this report, but can

be provided upon request later when available.

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Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department

Case: Z2019103 – 29 Palms RV, Boat & Storage

Hearing Date: May 14, 2020

Supervisor District: 4

Applicant: Mark Preach, Preach, Incorporated

Owner: Kampwest, LLC

Request: Special Use Permit to allow commercial storage in the Rural-43 -

Wickenburg Highway Scenic Corridor overlay zoning district

Site Location: Generally located ½ mile northeast of the northeast corner of 163rd

Ave. and Grand Ave. in the Surprise area

Site Size: Approx. 20 acres

Density: N/A

County Island: Yes (City of Surprise)

County Plan: White Tanks/Grand Ave. Area Plan – Open Space (0-1 du/ac)

Municipal Plan: City of Surprise – Open Space

Municipal Comments: None received to date

Support/Opposition: None known

Recommendation: Approve with conditions

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Project Summary:

1. The applicant is requesting a Special Use Permit (SUP) for commercial storage of

recreational vehicles, boats, automobiles, and light equipment on a mostly vacant

approximately 20 acre site. This site is within the Rural-43 zoning district and is within the

Wickenburg Highway Scenic Corridor (WHSC) zoning overlay. The site is in a remote area

of the Surprise planning area between the Beardsley Canal and McMicken Dam inside

the Trilby Wash Detention Basin with Grand Ave. to the west of the site. Currently the SUP

site is made up of four separate parcels, which will be assembled as one property after

this SUP request has been processed. Access to the site will be via a 20’ wide

Ingress/Egress Easement (MCR 84-442396) surfaced with decomposed granite linking the

main part of the site to Sante Fe Dr. and 163rd Ave. to the west.

2. The site will be made up of 161 spaces for vehicular and boat storage and 143 fully

enclosed storage units, which will be in seven structures in the western portion of the main

parcel of the site. There is an existing 2,941 square foot structure constructed in 1984 that

will house management services and a care taker quarters. This proposed facility will also

include a recreational vehicle waste dump area utilizing an underground 3,000 gallon

tank. There is a plan to enclose this future facility’s perimeter by a mix of masonry block

with cyclone fencing material and chain link fencing. Proposed hours of operation of

the proposed facility will be between 7:00 a.m. to 6:00 p.m. daily and will be operated

by three individuals, two of which will reside on site.

3. This site does have an existing approved SUP (Z97-76) for a proposed Kampground of

America (KOA) campground with Recreational Vehicle Park in the Rural-43 zoning district

that was approved by the County Board of Supervisors on December 24, 1997. However

after approval the applicant of Z97-76 could not establish a campground on this site due

revised restrictions on using seepage pits for the handling of wastewater on the site. Since

researching alternatives to using seepage pits for wastewater treatment became a

financial burden for the applicant, the applicant of Z97-76 decided to forego plans on

developing the site as campground and decided to sell this site. The new property owner

researched other uses for this site and decided to pursue commercial storage on the site,

hence the current SUP request, filed on September 13, 2019.

4. Due to the remote and isolated location of the site the applicant is varying several

standards, such as allowing barbed-wire/chain link fencing materials on a fence at any

height; removing screening requirements for outdoor storage; reducing accessory

structure setbacks to zero-feet; allowing accessory structures in any yard; allowing

accessory structures to take up more than 30% of the required yards; increasing required

sign area for freestanding signs to 72 square feet; reducing setbacks for freestanding signs

to zero-feet; increasing allowed sign dimensions for wall signs to 90 square feet; and

allowing a maximum of 30-feet in height for building wall signs. See Development

Standards Table on the following page.

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Zoning Map

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2020 Aerial Photo

Close-Up of the Site

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Existing On-Site and Adjacent Zoning / Land Use:

5. On-site: Rural-43 Wickenburg Highway Scenic Corridor (WHSC)/ Vacant

North: Rural-43 WHSC / Nursery & Residences

South: Rural-43 WHSC/ Natural Desert

East: City of Surprise (IG) / Natural Desert

West: Rural-43 WHSC/ Natural Desert

Utilities and Services:

6. Water: Private Well

Wastewater: Septic System

School District: Dysart Unified School District

Fire: Rural Metro

Police: Maricopa County Sherriff’s Office

Right-of-Way:

7. The following table includes existing and proposed half-width right-of-way and the future

classification based upon the Maricopa County Department of Transportation (MCDOT)

Major Streets and Routes Plan. The applicant has applied for a MCDOT Right-of-Way

Reduction Waiver to reduce the right-of-way widths on the site of both the 159th Ave.

alignment and the Williams Rd. alignment from 40-feet to zero feet, which was granted

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on August 7, 2019. Access to the site will be via an existing Access Easement owned by

the Maricopa County Flood Control District, where the applicant will obtain Right-of-Way

Permit from the Flood Control District.

Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification

159th Ave.

(Alignment)

0’ 0’ Collector

Williams Rd.

(Alignment)

0’ 0’ Collector

Adopted Plans:

8. White Tanks/Grand Ave. Area Plan (adopted December 6, 2000): The White Tanks/Grand

Ave. Area Plan designates this site as Open Space, which is designed to limit

development due to natural slopes, floodplains, and flood potential. This land-use

designation does allow for low density residential development that maintains a density

of one dwelling unit per acre or less in environmentally sensitive areas, as long as the

development is in compliance with federal, state, and county requirements. This SUP

request would consist of one residential dwelling unit, several storage sheds, and outdoor

storage for vehicles/boats on an approximately 20 acre site. This low density

development would be compatible with the area plans Open Space land use

designation, because over 80% of the site will be areas with no structures to obstruct the

flow of floodwaters. In addition, these areas are made up of retention basins, natural

desert, and over an acre of vehicular storage.

9. Wickenburg Highway Scenic Corridor (adopted January 1991): The Wickenburg Highway

Scenic Corridor (WHSC) overlay district was designed to limit development along the US

60 from Bell Rd. to the southern town limits of Wickenburg and maintain the existing

scenery of the highway to resemble more of a rural rather than an urban character. The

WHSC zoning overlay is broken up into classes each with separate development

standards and aesthetic requirements based on distance from the Wickenburg Highway

that are compatible with the natural environment. The majority of the subject site where

most development will be is in Class 1 of the WHSC overlay district, which is ¼ mile to two

miles away from the Wickenburg Highway with no development standards or aesthetic

requirements for SUPs. Only zone changes shall be consistent with the Goals and Policies

of the WHSC overlay district.

10. City of Surprise General Plan 2035 (adopted May 14, 2013): The Surprise General Plan

designates the site as Open Space. This designation is intended to preserve areas

classified as having mountainous terrain, potential for flood or areas of conservation.

Moreover, areas designated as Open Space should be maintained in their natural state

due to topographic, drainage, vegetation and landform constraints.

Public Participation Summary:

11. The applicant complied with the Maricopa County Citizen Review Process with the

required posting of the property and notification by first class mail to adjacent property

owners within 300 feet of the subject parcel, with notification to interested parties. As of

the date of this report, staff has not received any support or opposition to this rezoning

request.

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Outstanding Concerns from Reviewing Agencies:

12. There are no outstanding concerns from reviewing agencies. Planning Engineering

Division mentioned no objections to the SUP request and included recommended

conditions. In addition, Environmental Services Department has commented with no

objections. The City of Surprise was notified about this SUP request and as of the date of

this report staff has not received any comments.

Staff Analysis:

13. This SUP request will allow for commercial storage of recreation vehicles, automobiles,

boats, and equipment storage on remote site with no surrounding development.

Allowing a proposed low density development in an area that is designated in both the

County’s White Tanks/Grand Ave. Area Plan and the Surprise General Plan as Open

Space would offer an opportunity to develop the site with large areas of open space,

retention areas, and a large vehicle storage areas without structures. Since the majority

of the proposed commercial storage facility is in the furthest away class of the WHSC

zoning overlay, this isolated and low dense development would be hardly noticeable to

the Wickenburg Highway. Thus, this proposed use would be in concert with the goals and

policies of the WHSC overlay district. In addition, the applicant has conducted market

research of this part of the County and has discovered a demand for commercial

storage of recreational vehicles from the adjacent areas, especially from seasonal

residents who are unable to store large vehicles or boats on their property. Allowing

commercial storage on this site would help address the storage needs of adjacent

neighborhoods and create a viable development in an isolated area.

Recommendation:

14. For the reasons outlined in this report, staff recommends the Commission motion for

Approval, subject to conditions ‘a’ – ‘j’.

a. Development of the site shall be in substantial conformance with the site plan

entitled “29 Palms Storage”, consisting of three full-size sheets, dated February 6,

2020, stamped dated received on February 25, 2020, except as modified by the

following conditions.

b. Development of the site shall be in substantial conformance with the Narrative

Report entitled “29 Palms RV-Boat & Storage”, consisting of seven pages, dated

February 18, 2020, stamped dated received on February 25, 2020, except as

modified by the following conditions.

c. The Special Use Permit shall expire 20 years from the date if approved by the Board

of Supervisors, which is June 10, 2040. Unless the Special Use Permit is renewed or

extended or similar zoning entitlement approved, all improvements shall be

removed within 120 days of such expiration or termination of use.

d. The following Planning Engineering conditions shall apply:

1. The applicant has indicated that a Flood Control access easement has

been granted to the property, prior to issuance of any building permits, the

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applicant must obtain a right-of-way permit from the Flood Control District

for access to the site,

2. New buildings of the site must be elevated to conform to the Floodplain

Regulations for Maricopa County,

3. Renovations to existing building(s) on the site shall comply with FEMA’s

Substantial Improvement/Substantial damage guidelines. The cost of

renovation of the existing building shall not exceed $130,000 to comply with

these guidelines.

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; MCODT Roadways Design Manual; and current

engineering polices, standards and best practices at the time of

application for construction.

5. Detailed Grading and Drainage Plans must be submitted with application

for Building Permits. Retention basin volume requirement for the site shall

be the first flush volume of runoff.

e. The following developing standards shall apply:

1. Ability to add chain link/cyclone fencing materials under eight-feet for

perimeter fences;

2. Ability to screen outdoor storage with chain link fences without view

obscuring material;

3. No setbacks for accessory structures;

4. Ability to place accessory structures in required front/street side yards and

ability to take up more than 30% of the required yards;

5. Freestanding signs 72 square feet maximum;

6. No setback requirements for freestanding signs;

7. Wall signs of 90 square feet maximum;

8. Wall signs maximum height of 30 feet;

9. The driveways, parking areas, and storage areas must be surfaced with

decomposed granite, asphalt, or concrete to minimize dust pollution

emanating from these areas.

f. The four existing parcels shall be combined into a single property, within 90 days

of Board of Supervisors approval.

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g. All buildings subject to sound attenuation as per A.R.S § 28-8482(B) and Maricopa

County regulations.

h. Prior to occupying the existing residence or any portion thereof for any use

Associated with the Special Use Permit, the applicant shall obtain a Building Permit

to retrofit the existing residence to meet current commercial building code

requirements as applicable and shall obtain a Certificate of Occupancy for the

retrofitted building prior to occupancy.

i. 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.

j. The granting of this change in use of the property has been granted 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 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 Special Use Permit, the property

shall revert to the zoning that existed on the date of application. It is, therefore,

stipulated and agrees 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 of value as of the date of 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: Martin Martell, Planner

Reviewed by: Matthew Holm, AICP, Planning Supervisor

Attachments: Case Map (1 page)

Site Plan (reduced 8.5”x11”, 3 pages)

Narrative Report (6 pages)

DPR Comments (1 page)

MCESD (1 page)

Right-of-Way Reduction Waiver (1 page)