January 15, 2020 Z2018090

Page 1 of 2

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

Board Hearing Date: January 15, 2020 Case #/Title: Z2018090 – Honey Hive Farms Supervisor District: 4 Applicant/Owner: Tim Moore / Tim & Connie Moore Request: Special Use Permit (SUP) to allow for educational classes and

touring of a small family owned farm in the Rural-43 zoning district

Site Location: Generally located at the northeast corner of 83rd Ave. and

Acoma Dr. in the Peoria area Site Size: Approx. 1.3 acres County Island Status: Yes (City of Peoria)

Additional Comments: There is no known opposition and no outstanding concerns

from reviewing agencies. No public comments have been received to date.

Commission Recommendation: On 12/12/19, the Commission voted 8-0 to recommend

approval of Z2018090 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan

entitled “Honey Hive Farms“, consisting of 1 sheet, dated September 24, 2019, and stamped received October 3, 2019, except as modified by the following conditions.

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

Report entitled “Special Use Permit – Project Narrative”, consisting of 10 pages, dated October 3, 2019, and stamped received October 3, 2019, except as modified by the following conditions.

c. The following Planning Engineering condition shall apply:

1. Within 180 days of any approval of this SUP application, the owner/applicant must apply for a MCDOT Right-of-Way Permit from the MCDOT Permitting Branch located at 2901 W. Durango Street, Phoenix, AZ 85009, to pave the driveway connection within the right-of-way of Acoma Dr. https://www.maricopa.gov/499/Permits

January 15, 2020 Z2018090

Page 2 of 2

d. This Special Use Permit shall expire 15 years from the date of approval by the Board

of Supervisors. All site improvements associated with this SUP shall be removed within 60 days of such expiration.

e. 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.

f. 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.

g. 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 Gerard, AICP, Planning Manager Attachment: 12/12/19 P&Z Packet (20 pages) Note: 12/12/19 Draft P&Z Minutes are not available as of the writing of this report, but can

be provided upon request later when available.

Z2018090 Page 1 of 6

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

Case: Z2018090 – Honey Hive Farms Hearing Date: December 12, 2019

Supervisor District: 4 Applicant: Tim Moore Owner: Tim & Connie Moore Request: Special Use Permit (SUP) to allow for educational classes and touring

of a small family owned farm in the Rural-43 zoning district Site Location: Generally located at the northeast corner of 83rd Ave. and Acoma

Dr. in the Peoria area Site Size: Approx. 1.3 acres Density: N/A County Island: Yes (City of Peoria) County Plan: Vision 2030 Comprehensive Plan - Rural Development Area (0-1

d.u./ac) Municipal Plan: City of Peoria – Residential Estate Municipal Comments: None received to date Support/Opposition: None known Recommendation: Approve with conditions

Z2018090 Page 2 of 6

Project Summary: 1. The request is for a Special Use Permit (SUP) to conduct educational classes and tours at

the family owned Honey Hive Farms on approx. 1.3 acres. The owners do not reside on site, the existing single-family residence is utilized for educational classes, tours and sales. The request complies with Maricopa County Zoning Ordinance (MCZO) 1301.1.11 Land use involving large assemblage of people.

2. The urban farm would maintain the existing residential appearance with the established neighborhood of Perry Acres. No one will reside on the property; the facility would include educational classes with approx. 5 – 25 people per event along with the selling of local honey and farm produced items. The facility will employ the owners and three additional staff members. Hours of operation would be Monday – Sunday from 7 a.m. to 7 p.m. The business would include beekeeping classes on Saturdays from October thru May with up to 10 students per session. Five been hives will be maintained full-time on the site for beekeeping classes and garden pollination. The hives will be within a box with a height of 2--5’ off the ground at an elevation of no more than 53”. The bee hives will be located at the northwest corner of the property along a garden wall.

3. Ingress and egress would be provided from Acoma Dr. with 21 gravel parking spaces and 1 ADA space along the west side of the parcel. Access to the urban farm will not utilize the gated access along 83rd Ave. The site is fenced on all perimeters with solid CMU, wrought iron and slump block walls with varying heights of 5’-6” to 7’ along with a 5’ chain link fence and gates. A primary access gate will be provided along Acoma Dr. with the existing fencing to be adjusted to account for the 25’ x 25’ sight visibility triangle. There are no proposed modifications to the property with the existing buildings and landscaping.

4. As part of the review, the applicant combined two parcels to create a single parcel for the SUP. Combining the parcel has adjusted the configuration of the front, rear, side and street-side setbacks. The owners are requesting a variation in the rear setback to 8’ along the north property due the location of the existing SFR, staff is supportive of the requested variation.

5. The property includes a single-family residence with a covered patio, garage, multiple sheds, barn with chicken run, and shipping containers. Shown below is Google Street view of subject site.

Z2018090 Page 3 of 6

Aerial image of subject site.

Rural-43 zoning to the north, east and south with Peoria jurisdiction to the west.

Z2018090 Page 4 of 6

Existing On-Site and Adjacent Zoning / Land Use: 6. On-site: Rural-43 / Single family residential (SFR) with farming

North: Rural-43 / vacant South: Rural-43 / vacant East: Rural-43/ SFR West: PAD within Peoria jurisdiction / Self Storage

Utilities and Services: 7. Water: City of Peoria

Wastewater: On-site septic School District: Peoria Unified School District Fire: Peoria Police: Peoria

Right-of-Way: 8. 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.

Street Name Half-width Existing R/W Half-width

Proposed R/W Future Classification

83rd Ave. 55’ 55’ Section – Peoria jurisdiction Acoma Dr. 40’ 40’ Local

Adopted Plan: 9. Vision 2030 Comprehensive Plan (adopted January 2016): The subject site is designated

as Rural Development Area (0-1 d.u./ac.). Public Participation Summary: 10. The applicant has complied with the Maricopa County Citizen Review Process with the

required posting of the site and notification by first class mail to adjacent property owners within 300’ of the subject parcels and interested parties. To date, staff and the applicant have not received any opposition to the proposal during the public participation process.

Outstanding Concerns from Reviewing Agencies: 11. N/A. Staff Analysis: 12. The proposed use of an urban farm for educational classes, tours and sales complies with

the MCZO category of land use involving large assemblage of people. Staff is supportive of a 15-year timeframe for the proposed use.

Z2018090 Page 5 of 6

13. Staff is supportive of the request to reduce the rear yard setback to 8’ from the north

property line due to parcel combination of the lots to accommodate the proposed urban farm on a single parcel. The application was routed to the City of Peoria, staff did not receive any comments on the application. Reviewing County agencies do not have any objections to the request.

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

Approval, subject to conditions ‘a’ – ‘g’. a. Development of the site shall be in substantial conformance with the Site Plan

entitled “Honey Hive Farms“, consisting of 1 sheet, dated September 24, 2019, and stamped received October 3, 2019, except as modified by the following conditions.

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

Report entitled “Special Use Permit – Project Narrative”, consisting of 10 pages, dated October 3, 2019, and stamped received October 3, 2019, except as modified by the following conditions.

c. The following Planning Engineering condition shall apply:

1. Within 180 days of any approval of this SUP application, the owner/applicant must apply for a MCDOT Right-of-Way Permit from the MCDOT Permitting Branch located at 2901 W. Durango Street, Phoenix, AZ 85009, to pave the driveway connection within the right-of-way of Acoma Dr. https://www.maricopa.gov/499/Permits

d. This Special Use Permit shall expire 15 years from the date of approval by the Board

of Supervisors. All site improvements associated with this SUP shall be removed within 60 days of such expiration.

e. 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.

f. 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.

g. 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,

Z2018090 Page 6 of 6

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/Land Use Plan (reduced 8.5”x11”, 1 page) Narrative Report/Ex. Summary (10 pages) MCESD comments (1 page) DPR comments (1 page)