Vote: approved

Item Text

7. STELLAR ON PATTON (Supervisorial District: 4) Case #: MCP250004 Applicant and Owner: Jack Gilmore / Diane Stellar Request: Military Compatibility Permit (MCP) with Plan of Development (POD) for an outdoor RV, boat and mini-storage facility in the Rural-43 MAAMF zoning district Site Location: Generally located at the SEC of 229th Ave. & Patton Rd. in the Wittmann area Commission Recommendation: On 6/11/26, the Commission voted 5-1 (motion by Commissioner Leighton, D4, seconded by Vice Chair Hernandez D5) to adopt a motion recommending the Board of Supervisors approve MCP250004 subject to conditions ‘a’ –‘l’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “Stellar on Patton“, consisting of 1 full-size sheet, dated October 13, 2025, and stamped received May 29,2026 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Stellar on Patton Military Compatibility Permit MCP250004”, consisting of 29 pages, dated October 30, 2025, and stamped received December 9, 2025, 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. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout and/or a reduction in the number of building lots may be necessitated by the final engineering design of the subdivision drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 4. All disturbed or developed portions of the entire site shall be retained onsite. 5. Retention basins must drain within 36 hours 6. All historic flows exiting the site shall exit after development in the same location and manner in which they exited before, or with less flow depth, quantity, or velocity than before. 7. Gated access(es) must provide an adequate turnaround area so that vehicles will not back onto public roads. 8. Given the site’s proximity or access to future White Tanks Freeway, the applicant shall inquire of any concerns with ADOT via their red-letter process (email redletter@azdot.gov) 9. Driveway access to County roads (Patton Road) must be paved and will require a permit from MCDOT issued concurrent with building permit(s) required for site development. Drainage flow along the roadway must be maintained. 10. All adjacent roadway improvements required by MCDOT in the Traffic Study approval shall be permitted with building permits and in accordance with the current RDM standards. d. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. A Notice of Intent to Discharge application for a septic system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. 2. Wastewater is not permitted to discharge to an adjacent parcel’s septic system. 3. If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. 4. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). 5. Dependent/independent recreational vehicles cannot discharge wastewater to any septic system(s). A dump station/holding tank will be required for any onsite recreational vehicle wastewater dumping under a 4.14 General Permit: Sewage Vault. 6. Per the Safe Drinking Water Act, any water system that supplies more than 25 people or 15 service connections per day for at least 60 days per year is classified as a Public Water System (PWS). If the above criteria are met, a Public Water System application and a New Source Approval application are required and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis report will be required with submittal and is good within one-year of testing. 7. An Approval to Construct application is required to be submitted to the MCESD’s Treatment Program for all PWS water treatment facilities. • For questions, please contact the Water/Wastewater Treatment Program at (602) 372-2861 or email treatmentplantprogram@maricopa.gov 8. An Approval to Construct application is required to be submitted to the MCESD’s Subdivision & Infrastructure Program for all PWS water system infrastructure. • For questions, please contact the Subdivision and Infrastructure Program at (602) 506-1058 or email subdivision@maricopa.gov For additional Drinking Water related questions, please contact the Drinking Water program at (602) 506-6935 or by email at sdwquestions@maricopa.gov 9. 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. 10. A Water Service Agreement signed 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 Form 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. e. All buildings subject to noise attenuation as per ARS § 28-8482(B). f. The master developer shall notify future owners, tenants and lessees that they are located within the state-defined “territory in the vicinity of a military airport” with the following language: “You are buying or leasing property in the ‘vicinity of a military airport’ as described by State of Arizona statute ARS §28-8481. Your office should include sound attenuation measures as directed by State law. You will be subject to direct over flights and noise by Luke Air Force Base jet aircraft in the vicinity. Luke Air Force Base executes over 200,000 flight operations per year, at an average of approximately 170 overflights per day. Although Luke's primary flight paths are located within 20 miles from the base, jet noise will be apparent throughout the area as aircraft transient to and from the Barry M. Goldwater Gunnery Range and other flight training areas. Luke Air Force Base may launch and recover aircraft in either direction off its runways oriented to the southwest and northeast. Noise will be more noticeable during overcast sky conditions due to noise reflections off the clouds. Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately midnight, Monday through Friday, but some limited flying will occur outside these hours and during most weekends. Such notification shall be recorded on all Grading & Drainage (Site Infrastructure) Plans submitted with the application for Building Permits, be permanently posted on not less than a 3 foot by 5 foot sign in front of all offices, be permanently posted on the front door of all offices on not less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and restrictions (CC&Rs) as well as the Public Report and conveyance documents. Luke Air Force Base Auxiliary Field 1, located approximately 15 miles to the northwest of Luke Air Force Base is a site of intense instrument procedure landing approaches, with approximately 12,000 flight operations per year. Aircraft will descend down to 200 feet above the ground over the Auxiliary Airfield and will create severe noise in that area. For further information, please check the Luke Air Force Base website or contact the Maricopa County Planning and Development Department g. The following Rural-43 MAAMF MCP standards shall apply: 1. Minimum front setback: 20’ from ultimate street line 2. Minimum side setback: 20’ from property line 3. Minimum rear setback: 20’ from property line 4. Minimum street-side setback: 20’ from ultimate street line 5. Minimum Paving: Paved & Stabilized Milled Asphalt & Decomposed Granite or dust mitigation plan as approved by Maricopa County Air Quality Department 6. Minimum perimeter screening: A minimum 6’ solid wall is required adjacent to Rural or Residential zoning or any alley. Commercial outdoor uses shall be enclosed to a height of not less than 6’ with walls, fences of view obstructing material. Access gate in said solid wall shall be constructed of view-obscuring material h. The Rural-43 MAAMF MCP overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. i. A use consistency and compatibility determination will be required prior to any new use or change in land use. j. At the time of building permit submittal, the applicant shall submit to the Maricopa County Planning and Development Department confirmation of service by Arizona Department of Water Resources that the on-site well is adequate to serve the commercial development. k. 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. l. 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 may be considered for revocation 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 MCP. The MCP enhances the value of the property above its value as of the date the MCP is granted and reverting to the prior zoning results in the same value of the property as if the MCP had never been granted. (C-44-27-011-X-00)

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