04. Z2016014 BOS REPORT.PDF

Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date: June 8, 2016
Case #/Title: Z2016014 – McMichael Property
Supervisor District: 2
Applicant/Owner: Lovelle McMichael
Request: Special Use Permit (SUP) for operation of a residential group
home facility in the R1-8 zoning district
Site Location: Generally located approximately 125’ east of the southeast
corner of 114th St. and Broadway Rd. on the south side of
Broadway Rd. in the east Mesa area.
Site Size: 9,862 sq. ft.
County Island Status: Yes (City of Mesa)
Additional
Comments: All concerns from reviewing agencies are addressed with
the recommended conditions. Staff received one letter in
opposition which is included as part of the Planning and
Zoning Commission staff report.
Commission
Recommendation: On 5/5/16, the Commission voted 6-0 to recommend
approval of Z2016014 subject to conditions ‘a’ – ‘d’:
Provided the following conditions are met:
a. Development of the site shall be in conformance with the Narrative Report
entitled, “McMichael Property”, consisting of 3 pages, dated March 17, 2016 and
stamped received March 17, 2016, except as modified by the following
conditions.
b. The McMichael Property will be limited to a maximum of 5 minors as patient
residents. Any increase to the total number of minors at the facility would require
an amendment to the Special Use Permit and a change in Residential
Occupancy Building Code to R-4 which could allow for 6 – 10 persons which
includes patients, caretakers and residents.
c. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
June 8, 2016
Z2016014
Page 1 of 2

d. The granting of this change in use of the property has been at the request of the
owner. 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, Deputy Director
Attachment: 5/5/16 P&Z Packet (16 pages)
Note: 5/5/16 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
June 8, 2016
Z2016014
Page 2 of 2

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z2016014 – McMichael Property
Meeting Date: May 5, 2016
Agenda Item: 6
Supervisor District: 2
Applicant/Owner: Lovelle McMichael
Request: Special Use Permit (SUP) for operation of a residential group home
facility in the R1-8 zoning district
Site Location: Generally located approximately 125’ east of the southeast corner
of 114th St. and Broadway Rd. on the south side of Broadway Rd. in
the east Mesa area.
Site Size: 9,862 sq. ft.
Density: N/A
County Island: Yes (City of Mesa)
County Plan: East Mesa Area Plan – Urban Residential Low (0-6 d.u./ac.)
Municipal Plan: City of Mesa – Suburban Residential
Municipal Comments: E-mail received – no concerns
Support/Opposition: One e-mail in opposition
Recommendation: Approve with conditions
Agenda Item: 6 – Z2016014
Page 1 of 7

Project Summary:
1. The request is a Special Use Permit (SUP) for a residential group care facility in the R1-8
zoning district. The owner has filed an application with the Arizona Department of Child
Safety to operate a Child Welfare Agency with a maximum of 5 minors at the facility.
The residential group care facility will provide housing for minors that are wards of the
State of Arizona due to allegations of neglect and abuse. The minors range in age from
8 to 18. The facility would take children in for group care by the State which can be for
a couple of hours or expand to several years. The facility will be operational 24 hours a
day, 7 days a week and will be staffed when minors are present with a ratio of 1
employee per 5 minors. The owner currently does not have contracts with tribal or
juvenile justice but would like in the future to pursue partnerships with these entities to
provide residential group care services.
2. The property is located in the Desert Village subdivision, lot 2. The lot is approximately ¼
acre in size and is zoned R1-8. The single family residence was constructed in 1984, with
a pool constructed in 1996. The residence has 2 bedrooms and 1 office. The owner is
not proposing any site improvements or any signage for the facility.
3. The owner states the property is within the Mesa Unified School District and there are
several charter schools in the vicinity including the Leona Group Schools. Skyline Park is
approximately 2 miles to the west on the southeast corner of Broadway Rd. and
Crimson Rd. The park is approximately 30 acres in size and provides basketball, shaded
play areas, ramadas, sand volleyball, and softball fields. The Red Mountain Library is
located at Adobe Rd. and Power Rd. and is approximately 7.5 miles from the facility.
4. As part of this application submittal the owner applied for a compliance inspection –
B201601573 to verify the use of the property for a group home facility for 5 and received
final inspection on April 8, 2016.
Existing On-Site and Adjacent Zoning / Land Use:
5. On-site: R1-8 / Single Family Residential
North: Broadway Rd., then R1-8 / Single Family Residential
South: R1-8 / Single Family Residential
East: R1-8 / Single Family Residential
West: R1-8 / Single Family Residential
Agenda Item: 6 – Z2016014
Page 2 of 7

Aerial image of subject site and zoning map.
Agenda Item: 6 – Z2016014
Page 3 of 7

Utilities and Services:
6. Water: Arizona Water Company
Wastewater: On-site septic
School District: Mesa Unified
Fire: Rural Metro Fire Department
Police: Maricopa County Sheriff’s Office
Adopted Plans:
7. East Mesa Area Plan: The East Mesa Area Plan was adopted on February 18, 1992. The
plan designates the site as Urban Residential Low (0-6 d.u./ac.).
8. City of Mesa General Plan: The General Plan was approved on June 16, 2014 and
designates the site as Suburban Residential. The category allows for lots ranging in size
from 6,000 sq. ft. to 18,000 sq. ft.
Public Participation Summary:
9. The owner posted the property and notified all property owners within 300’ of the
subject site in accordance with the Maricopa County’s Public Participation Guidelines.
The final results report indicated there were four phone calls inquiring about the type of
use and if the use would be for a sex offender home. The owner clarified the facility
would only serve youth as a residential group care. An e-mail was submitted to the
owner in opposition with concerns about property size, use, and potential negative
impact on the neighborhood. Staff has not received any calls or correspondence
regarding the application.
Outstanding Concerns from Reviewing Agencies:
10. N/A
Staff Analysis:
11. Staff notes there are two sections in the Maricopa County Zoning Ordinance (MCZO)
that address group home uses. A Department Directive provides further guidance with
respect to the MCZO. The proposed use of a child welfare agency does not meet the
definitions of a Residential Facility or Group Home, thus the need for a SUP with the
Group Care Facility. Shown below is the zoning district standards for group homes,
definition of group home, SUP category, and further clarification with Department
Directive:
MCZO Article 601.2 Use Regulations (By-right use allowed per zoning)
3. Group homes for not more than ten persons, subject to the following
performance criteria:
a. Dispersal: no such home shall be located on a lot with a property line
within 1,320 feet, measured in a straight line in any direction, of the lot
line of another such group home.
Agenda Item: 6 – Z2016014
Page 4 of 7

b. If licensing is required by the State of Arizona for the use, proof of such
licensure shall be available to the Department of Planning and
Development prior to the use being established.
c. Residents shall not be adjudicated.
MCZO Definition - Group Home for the Handicapped and Adult Care:
A dwelling unit shared as their primary residence by handicapped or elderly persons,
living together as a single housekeeping unit, in a long term, family-like environment in
which staff persons provide on-site care, training, or support for the residents. Such
homes or services provided therein shall be licensed by, certified by, approved by,
registered with, funded by or through, or under contract with the State. Group homes
shall not include homes for the developmentally disabled, defined as persons afflicted
with autism, cerebral palsy, epilepsy or mental retardation, as regulated by Arizona
Revised Statutes, §36-582.
MCZO - Special Use Permit Category
1301.1.18 Group care facilities and hospitals and institutions of an educational,
religious, charitable or philanthropic nature, homes for the aged, nursing
homes, convalescent homes and group homes of more than ten residents
for the handicapped and adult care, and other group care facilities
including for adjudicated residents.
Departmental Directive – DD-2015-05
A Residential Facility serving six or fewer persons with the development disabilities of
autism, cerebral palsy, epilepsy or cognitive disability is considered the same as a
Single-Family Residence per ARS § 36-582A. Such facility shall be permitted as a primary
use in the Rural and Single-Family Residential zoning districts.
A Group Home serves ten or fewer disabled or elderly persons living together as a single
housekeeping unit in a long term, family-like environment in which staff persons provide
on-site care for the residents. Such facility shall be permitted as a primary use in the
Rural (MCZO Art. 501.2.4), Single-Family Residential (MCZO, Art. 601.2.3) and Multi-Family
Residential (MCZO Art. 702.2.5) zoning districts with administrative approval of a Group
Home Permit, a Land Use (LU) application.
A Group Care Facility serves any other class of voluntary or court adjudicated residents,
or more than ten disabled or elderly residents (MCZO, Art. 1301.1.8). These may be
permitted in any zoning district with legislative approval of a Special Use Permit (SUP).
12. In an effort to clearly specify the various types of group homes, assisted living, residential
group home uses, staff will be working with the development community on processing
a text amendment to the MCZO. Staff has reached out to the Arizona Department of
Child Safety (DCS) which is currently working on setting up committees to amend the
rules related to Child Welfare Agencies with the Arizona Administrative Code.
Representatives of Planning will be participating with the DCS committees on the rules
Agenda Item: 6 – Z2016014
Page 5 of 7

and to obtain information on how the County can implement and adjust language that
matches terminology of DCS. Staff will also be contacting the Arizona Department of
Public Health which handles permitting of assisted living facilities for input and
coordination on proposed text amendment language.
13. As previously stated the owner has an application filed with the DCS to establish the
property as a Child Welfare Agency and as such requires zoning clearance as part of
the SUP application. The DCS did not provide any comments on this application, just
clarification on the use as a child welfare agency, not foster care.
14. County records indicate no Code violations on the property, staff recommends the
Commission and Board recommend approval without a timeframe. The facility would
be licensed by the State and will need to comply with Arizona Administrative Code
Article 74. Licensing process for Child Welfare Agencies. The City of Mesa provided an
e-mail indicating no issues or concerns with the proposed use of the property.
Reviewing County agencies have no objections to the request.
Recommendation:
15. Staff recommends the Commission motion for approval with conditions ‘a’ – ‘d’, of
Z2016014.
Provided the following conditions are met:
a. Development of the site shall be in conformance with the Narrative Report
entitled, “McMichael Property”, consisting of 3 pages, dated March 17, 2016 and
stamped received March 17, 2016, except as modified by the following
conditions.
b. The McMichael Property will be limited to a maximum of 5 minors as patient
residents. Any increase to the total number of minors at the facility would require
an amendment to the Special Use Permit and a change in Residential
Occupancy Building Code to R-4 which could allow for 6 – 10 persons which
includes patients, caretakers and residents.
c. Noncompliance with any Maricopa County Regulation shall be grounds for
initiating revocation of this Special Use Permit as set forth in the Maricopa County
Zoning Ordinance.
d. The granting of this change in use of the property has been at the request of the
owner. 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
Agenda Item: 6 – Z2016014
Page 6 of 7

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)
Vicinity Map (1 page)
Narrative Report (3 pages)
Engineering comments (1 page)
City of Mesa comments (1 page)
E-mail in opposition (2 pages)
Agenda Item: 6 – Z2016014
Page 7 of 7

MAR100PA COUNTY
20-78.00
Date: 04/12/2016 Legal Description: T11\1 R7E 25
Applicant: Lovelle McMichael Property Phone: 480-491
Z2016014
Case Address: 11411 E. Broadway Rd, Parcel: 220-78-002 Aerial Date: 2014
SUPERVISORAL DISTRICT NO 2
McMichael Property — Special Use Permit for Foster Care Facility.
MARICOPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA

MARICOPA COUNTY
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Date: 04/12/2016 Legal Description: T1N R7E 25
Applicant: Loyelle McMichael Property Phone: 480-491
Z2016014
Case Address: 11411 E. Broadway Rd, Parcel: 220-78-002 Aerial Date: 2014
SUPERVISORAL DISTRICT NO 2
McMichael Property — Special Use Permit for Foster Care Facility.
MAR1COPA COUNTY REGIONAL DEVELOPMENT SERVICES - PHOENIX, ARIZONA

Turning
Lovelle McMicheal
Point J bw Ider
YOUTH FACILITY 7830 East University Mesa, AZ 85207 Drive
Phone: 480.491.2878
onviv.turningpoint.org
March 17, 2016
Rachel Applegate, Senior Planner
Maricopa County Planning and Development
501 N. 44th Street, Suite 200
Phoenix, AZ 85008
Z2016014 — Narrative Report for McMichael Property
I am writing to request that the use of 11411 East Broadway Road, Mesa, AZ
85208 be changed from a single family dwelling to a Group Home for minor
youth ages 8-18 that are wards of the State of Arizona.
The Group Home will be staffed 24/7 when youth are present in the home. The
home will have management that is available 24 hours a day in case of an
emergency. There will be at least 1 staff member on site while children are
present, and we anticipate a maximum of 5 minor children will reside in the
home. The home has 2 bedrooms and 1 office. The staff-to-child ratio will be 1
to 5.
The surrounding properties are single family dwellings and mobile homes. The
major cross roads are Signal Butte and Broadway Road. The property has
accessibility to the US-60 and AZ-202 freeways.
There will be no changes to the property structure. The property is located in
the city of Mesa. The school district is the Mesa Unified School District and
there are several charter schools in the area including Leona Group Schools.
The home is in close proximity to Skyline Park in Mesa, the Red Mountain
Library, and the Apache Junction Park and Library.

Turning
#{4, L,ovelle McMicheal Founder
Point
YOUTH FACILITY 7830 East University Mesa, AZ 85207 Drive
Phone: 480.491.2878
www.turningpoint.org
The home utilities are provided by Right Away Disposal, SRP, and Arizona
Water Company. Fire protection is provided by paid subscription to Rural
Metro Fire Department.
The timeline to obtain the permit is as soon as possible as we have been
working on this since 2007.
The name of the facility will remain McMichael Property.
As contracts become available, we would like to pursue partnerships with tribal
and juvenile justice entities but we do not have current contracts.
Some youth are placed in the facilities care for hours and others for years. Each
youth's story is different. The youth are considered wards of the Court and can
be placed on a temporary or permanent basis. It is the State's desire to place all
youth in foster care homes or back with family. But in many cases, group home
care is necessary so they are placed in our facility. If youth enter the program
before their 18 th birthday, they can remain in the home until their 21 st birthday.
If you need further information please contact me directly. I have also attached
the SUP permit in order to expedite the process to pay the $3200 in fees. Lastly
I am completing the Building Activity Application and paying the $110 to
move forward with this process.
Lovelle McMichael, MAEd
11411 East Broadway Road
Mesa, AZ 85208
480-452-3674

RECEIVED MAR - 3 2016

Mancopa County
Planning & Development Depattment
Date: March 21, 2016
Robert Fedorka, P.E.
Planning 501 North & 44th Development Street, Suite 200 Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Phoenix, Arizona 85008 Development
Phone: (602) 506-7151
Fax: (602) 506-8762
Email www.maricopa.gov/planninR address: Attn: Rachel Applegate, Sr. Planner, Planning & Development Services
RobertFedorka@mailmaricooa.aov
From: Robert Fedorka, P.E., Engineering Supervisor, Planning &
Development Services
CC: Michael Norris, P.E., Engineering Manager, Planning & Development
Services
Subject: Z2016014— SUP — Turning Point Youth Facility
(El Memo-Rev.)
Job Site Address: 11411 E. Broadway Road, Mesa
APN(s): 220-78-002
Drainage Plan Review has reviewed the plans and narrative submittal date stamped
03/03/2016 for this zoning case and has no objections.
Any approval of this case should include the following stipulations:
1. Drainage review of planning and/or zoning cases is for conceptual design only
and does not represent final design approval nor shall it entitle applicants to
future designs that are not in conformance with Section 1205 of the Maricopa
County Zoning Ordinance and the Maricopa County Drainage Policies and
Standards.
2. All development and engineering design shall be in conformance with Section
1205 of the Maricopa. County Zoning Ordinance and current engineering
policies, standards and best practices at the time of application for construction.
Please contact me if you have any questions or require clarification of these
comments.

Rachel Applegate - PLAN DEVX
From: Kaelee Wilson <Kaelee.Wilson@MesaAZ.gov >
Sent: Monday, March 14, 2016 5:20 PM
To: Rachel Applegate - PLAN DEVX
Subject: SUP for Broadway
Follow Up Flag: Follow up
Flag Status: Completed
Rachel,
Based on the additional information provided over the phone today, City of Mesa Planning staff does not have any
concerns about the proposed use. If the site were annexed, the City of Mesa Planning Division does not require a foster
care home of 6 occupants and under to register as a GHH. Please let me know if you have any additional questions.
Thanks,
Kaelee Wilson
Planner I
City of Mesa, Planning Division
(480) 644-4450
1

Rachel Applegate - PLANDEVX
From: Lovelle McMichael <lovelle.mcnnichael@gmail.com >
Sent: Thursday, April 14, 2016 9:12 AM
To: Rachel Applegate - PLANDEVX
Cc: Tony Wheaton; Carol Parker
Subject: Fwd: Citizen Review Notification
Follow Up Flag: Follow up
Flag Status: Completed
Hi Rachel
Here is a response from a concerned citizen. The home is 1200 square feet and there are two bathrooms. The
property has a backyard and a pool. I believe he is speaking of the property on the corner. Just wanted you to
have an update.
Lovelle McMichael
Begin forwarded message:
From: THE RON <kg7sqv@out1ook.com>
Date: April 13, 2016 at 7:42:39 PM MST
To: "lovene.mernichael@grnail.com " 4ovel1e.mcmichae1ggmail.com>
Subject: Citizen Review Notification
Hello Mr. McMichael;
I have received two letters from you on your intent to receive special use permit for a group
home on the property located on the south east corner of 114th street and Broadway rd. here in
East Mesa.
This is to notify you that I am opposed to this request. This property isn't equipped to house a
group home. It is barley large enough to handle a couple, which it was built by and intended
for. There is less than 1000 feet of living space, and no yard to speak of. Two small bedrooms
and a single bath. This house is on a septic waste system and would not handle any kind of group
living. If your intentions is to modify the detached garage to warehouse people, be informed that
this building is in violation of Maricopa County building code, and will first need to be corrected
before any modifications are to be done.
All the above issues and more not only is a negative impact to this property, it's a negative
impact to the surrounding properties.
As far as trucking people with problems into this community from other communities doesn't in
any way impact our community in a positive manner. We're barley able to maintain our own
local problems, without outsiders bringing into our community more problems. We're aware of
the recent past issues with group home here. groups (gangs) walking the streets, entering peoples
property uninvited, ungodly amounts of filthy trash in the alley of the group home laying there
until other home owners pick it up.
I will be informing the planning & zoning commission of my feelings on this matter.
Ron Traphagan
P.O. Box 51960
1

Mesa, Arizona 85208
2