ARROWHEAD MONTESSORI SCHOOL STIPULATION MODIFICATI - Z2008084 - ARROWHEAD MONTESSORI.PDF

ONE
ST
Report to the Board of Supervisors SHIM
Prepared by the Maricopa County Planning and Development Department
Commission Hearing Date: September 18, 2008
Board Hearing Date: October 15, 2008
Case: Z2008084 — Arrowhead Montessori School
Stipulation Modification
Agenda Item: 6
Supervisor District: 4
Applicant: GK Smith, Inc.
Owner: Larry Cummings
Request: Modification of Stipulations "a", "b" and "j" of
Z2004129 for a Special Use Permit (SUP) for a
private school in the Rural-43 zoning district
Site Location: Northeast corner of 83 rd Ave. and Banff Ln. (in the
north Peoria area)
Site Size: Approx. 2.1 ac.
Density: N/A
County Island Status: Class I (City of Peoria)
County Plan: City of Peoria General Plan of Development Area
(GPDA)
Municipal Plan: The City of Peoria General Plan designates the area
for Estate Residential uses (0-2 d.u./ac.). The City
offered no objection to the SUP. This is an existing
use.
Support/Opposition: None known
October 15 2008 BOS
P&Z Agenda Item: 6 - Case Z2008084
Page 1 of 5

Existing On-Site and Adjacent Zoning and Land Use:
On-site: Rural-43/SUP (Z2004129)/Quasi-public (private
school)
North: Rural-43/Single family residence
East: Rural-43/Single family residence
South: Collector (Banff Ln.) then Rural-43/Single family
residence
West: Arterial (83rd . Ave.) then PAD (City of Peoria)/Vacant
Staff
Recommendation: Approve with stipulations 'a' — 'v for the following
reasons:
• Reviewing County agencies have no
objections.
• The new parameters defined on the site plan
and in the narrative will mitigate
neighborhood concerns with traffic
congestion.
• The landscaping, new construction, and
renovations will improve the appearance of
the property
Additional
Comments: Additional stipulation "w" added by the Commission
to ensure timeliness of building permits.
Commission
Recommendation: Approve by unanimous vote of 6-0, subject to
modified stipulations 'a' — 'w' listed below:
a. Development of the site shall comply with the site plan entitled "Arrowhead
Montessori Stipulation Modification of Special Use", consisting of three (3) full-
size sheets, dated revised August 20, 2008, and stamped received August 26,
2008, except as modified by the following stipulations.
b. Development of the site shall be in conformance with the narrative report
entitled "Arrowhead Montessori Stipulation Modification of Special Use
Z2004129", consisting of six (6) pages, dated August 14, 2008, and stamped
received August 21, 2008, except as modified by the following stipulations.
c. A continuous parapet shall screen all roof-mounted equipment.
October 15 2008 BOS
P&Z Agenda Item: 6 - Case Z2008084
Page 2 of 5

d. All transformers, back-flow prevention devices, utility boxes and all other
utility related ground mounted equipment shall be painted to complement the
development and shall be screened with landscape material where possible.
All HVAC units shall be ground-mounted or screened from view.
e. Prior to issuance of any permits for development of the site, the
applicant/property owner shall obtain the necessary encroachment permits
from the Maricopa County Department of Transportation (MCDOT) for
landscaping or other improvements in the right-of-way.
f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
g. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the applicable fire department.
Prior to issuance of zoning clearance, the applicant shall seek review and
comment from the applicable fire protection agency, and shall provide written
confirmation that the site will be developed in accordance with their
requirements.
h. Prior to zoning clearance, developer(s) and/or builder(s) shall establish
emergency fire protection services, covering all real property contained within
the project area during course of construction and shall obtain a 'will serve'
letter substantiating coverage from Rural Metro Fire Department.
This Special Use Permit shall expire on April 4, 2027, twenty (20) years from
the Z2004129 original date of approval.
j. The number of students shall be limited to 100 with a maximum of 12
employees.
k. The school shall be in session only Monday through Friday from the hours of
7:00 a.m. to 6:00 p.m.
There shall be no off-site parking permitted. All student body functions with
the potential to generate more parking requirements than spaces currently
provided on school grounds shall be held off of the premises.
m. The applicant shall submit a written report outlining the status of the
development at the end of one (1) and fifteen (15) years from the date of
approval by the Board of Supervisors. The status report shall be reviewed by
staff to determine whether the Special Use Permit remains in compliance with
the approved stipulations.
n. The owner shall notify future owners that they are located within the State-
defined "Territory in the Vicinity of a Military Airport" with the following
language:
"You are buying property in the 'vicinity of a military airport' as described by
State of Arizona statute ARS §28-8481. Habitable buildings should include
October 15 2008 BOS
P&Z Agenda Item: 6 - Case Z2008084
Page 3 of 5

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.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning
and Development Department."
o. All habitable buildings shall be constructed to attain a noise reduction level as
per ARS § 28-8482(B).
P . Major changes to the Special Use Permit (site plan and narrative report), or
the stipulations of approval, shall be processed as a revised application, with
approval by the Board of Supervisors upon recommendation of the Planning
and Zoning Commission. Minor changes may be administratively approved by
the Planning and Development Department. Major changes to the Special
Use Permit may require a new Citizen Participation Process as determined by
the Planning and Development Department.
q. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further,
noncompliance of the conditions of approval may be grounds for the Planning
and Zoning Commission to take action in accordance with the Maricopa
County Zoning Ordinance.
r. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation, Drainage Review Division, Planning and Development
Department, or the Flood Control District of Maricopa County may be grounds
for initiating a revocation of this Special Use Permit as set forth in the
Maricopa County Zoning Ordinance.
s. Property owner and his successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with
stipulations.
October 15 2008 BOS
P&Z Agenda Item: 6 - Case Z2008084
Page 4 of 5

t. No animals of any type shall be allowed or kept on site.
u. No amplified sound of any type exterior to the building shall be allowed.
v. The applicant shall erect an 8' (h) wall 10' west of the eastern property line on
the north half of the property. Said wall shall connect to the existing 6' (h)
wall on the eastern property line on the south half of the property. The
applicant shall ensure that the proposed 8' (h) wall on the south property line
connects to the existing 6' (h) wall on the east property line and gives gated
access to the irrigation canal.
w. Site improvements contemplated by this proposal shall be completed within
one (1) year of approval by the Board of Supervisors.
Planner: Patty Zaricor, Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: September 18,2008 Draft P&Z Minutes (extract, 6 pages)
September 18, 2008 P&Z Packet (31 pages)
October 15 2008 BOS
P&Z Agenda Item: 6 - Case Z2008084
Page 5 of 5

Stipulation Modification: Z2008084 District 4
Applicant: Lynnae Cisco
Location: Northeast corner of 83 rd Ave. and Banff Ln. (in the north
Peoria area)
Request: Modification of a Stipulation to a Special Use Permit for
a Private School in the Rural-43 zoning district (approx.
2.1 ac.) — Arrowhead Montessori School
Ms. Patty Zaricor, Planner, presented this case to the Commission as noted
above. She explained that the case is an application for a modification of
stipulations "a", "b", and "j" of the previously approved Z2004129. The
subject fronts on 83rd Ave. and is located on lots 53 and 76 of the
Thunderbird North Unit 2 subdivision. The school currently sits on lot 76.
Lot 53 has a house in very poor condition. This request will reduce the
intensity of the site. The two new classroom buildings that were proposed
in Z2004129 are no longer shown on the site. The house will be renovated
to become a nursery and classroom. Due to the elimination of the two
buildings, the number of students will be reduced from 170 to 100, and the
number of employees will be reduced to 12. That is the modification to
stipulation "j". Stipulation "a" is a modification of the site plan. Stipulation
"b" is the narrative that explains the new criteria. Stipulation "j" verifies the
reduction in the number of students.
In light of the fact that to date, staff has no opposition of these
modifications from the neighborhood, staff hopes that once these
improvements are completed there will be harmony in the neighborhood.
Traffic and on street parking would no longer be an issue because the
increase in parking spaces and the improved traffic circulation is part of the
site plan. The neighbors on the east side of the property will have privacy,
and the school site will be aesthetically improved.
Staff recommends approval for the following reasons. The reviewing
county agencies have no objections, the new parameters defined on the
site plan and in the narrative will mitigate neighborhood concerns with
traffic congestion, and the landscaping, new construction, and renovations
will improve the appearance of the property.
Commissioner Bowers asked for an explanation of how this item was related
to case Z2004129.
Ms. Zaricor explained that if Z2008084 is approved, the revisiting of
Z2004129 becomes a moot point. The objections there were that none of
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEETING OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2008084 Page 1 of 6

the improvements were being made. They had pets on the grounds, the
grounds were unsightly, and a status report was needed to reflect the
current activity at the site. They have cleaned up the grounds and agreed
to the stipulations of no pets and no sound and also reduced the intensity
of the use. That is what would be accomplished with Z2008084. We could
then look at the status report that has been revised to more correctly reflect
what they intend to do.
Mr. Rob Kuhfuss, Acting Principal Planner, added that should Z2008084 fail
at the Board of Supervisors level, we would have to revisit Z2004129.
Commissioner Pugmire asked if there was any public participation that was
intended for Z2004129 that we've avoided with Z2008084.
Ms. Zaricor answered that the opposite was the case. The staff report,
application, and site plan was mailed to all of the neighbors. The contractor
also followed up with additional mailings. There has been no contact from
the neighbors.
Chairman Smith requested that a timeline be added to the new stipulations
due to the length of time since the original SUP was granted and the lack of
progress toward meeting the stipulations. He suggested a 12 month
period.
Mr. Kuhfuss proposed the following language to be incorporated as a new
stipulation "w":
"Site improvements contemplated by this proposal shall be
completed within one (1) year of Board of Supervisors approval".
Chairman Smith asked the applicant to come forward. He asked the
applicant if he had heard the new stipulation and was in concert with it.
The applicant, Greg Smith with GK Enterprises, indicated that he
understood the stipulation and was in agreement.
Commissioner Barney said that it seemed the neighborhood was in
agreement with the proposal but asked if there was anyone from the
neighborhood that wished to speak.
Mr. Smith indicated that since taking over the project, he has met with the
neighbor directly to the east of the property who is in agreement with the
proposal. He has been unable to contact the neighbor on the other side.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING ME E I 1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2008084 Page 2 of 6

Chairman Smith asked if he had recently taken over the project.
Mr. Smith answered yes.
COMMISSION ACTION: Commissioner Jones moved to recommend
approval of Z2008084 with modified stipulations "a" through "w"
adding stipulation "w". Commissioner Barney seconded the
motion, which passed with a unanimous vote of 6-0.
a. Development of the site shall comply with the site plan
entitled "Arrowhead Montessori Stipulation Modification of
Special Use", consisting of three (3) full-size sheets, dated
revised August 20, 2008, and stamped received August 26,
2008, except as modified by the following stipulations.
b. Development of the site shall be in conformance with the
narrative report entitled "Arrowhead Montessori Stipulation
Modification of Special Use Z2004129", consisting of six (6)
pages, dated August 14, 2008, and stamped received August
21, 2008, except as modified by the following stipulations.
c. A continuous parapet shall screen all roof-mounted
equipment.
d. All transformers, back-flow prevention devices, utility boxes
and all other utility related ground mounted equipment shall
be painted to complement the development and shall be
screened with landscape material where possible. All HVAC
units shall be ground-mounted or screened from view.
e. Prior to issuance of any permits for development of the site,
the applicant/property owner shall obtain the necessary
encroachment permits from the Maricopa County Department
of Transportation (MCDOT) for landscaping or other
improvements in the right-of-way.
f. All outdoor lighting shall conform to the Maricopa County
Zoning Ordinance.
g. Development and use of the site shall comply with
requirements for fire protection measures as deemed
necessary by the applicable fire department. Prior to issuance
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEE I LNG OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2008084 Page 3 of 6

of zoning clearance, the applicant shall seek review and
comment from the applicable fire protection agency, and shall
provide written confirmation that the site will be developed in
accordance with their requirements.
h. Prior to zoning clearance, developer(s) and/or builder(s) shall
establish emergency fire protection services, covering all real
property contained within the project area during course of
construction and shall obtain a 'will serve' letter substantiating
coverage from Rural Metro Fire Department .
This Special Use Permit shall expire on April 4, 2027, twenty
(20) years from the Z2004129 original date of approval.
j. The number of students shall be limited to 100 with a maximum
of 12 employees.
k. The school shall be in session only Monday through Friday
from the hours of 7:00 a.m. to 6:00 p.m.
There shall be no off-site parking permitted. All student body
functions with the potential to generate more parking
requirements than spaces currently provided on school
grounds shall be held off of the premises.
m. The applicant shall submit a written report outlining the status
of the development at the end of one (1) and fifteen (15) years
from the date of approval by the Board of Supervisors. The
status report shall be reviewed by staff to determine whether
the Special Use Permit remains in compliance with the approved
stipulations.
n. The owner shall notify future owners that they are located
within the State-defined "Territory in the Vicinity of a Military
Airport" with the following language:
"You are buying property in the 'vicinity of a military airport'
as described by State of Arizona statute ARS §28-8481.
Habitable buildings 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
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEL I1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2008084 Page 4 of 6

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.
For further information, please check the Luke Air Force Base
website at www.luke.af.mil/urbandevelopment or contact the
Maricopa County Planning and Development Department."
o. All habitable buildings shall be constructed to attain a noise
reduction level as per ARS § 28-8482(B).
p. Major changes to the Special Use Permit (site plan and
narrative report), or the stipulations of approval, shall be
processed as a revised application, with approval by the Board
of Supervisors upon recommendation of the Planning and
Zoning Commission. Minor changes may be administratively
approved by the Planning and Development Department.
Major changes to the Special Use Permit may require a new
Citizen Participation Process as determined by the Planning
and Development Department.
q. Noncompliance with the conditions of approval will be treated
as a violation in accordance with the Maricopa County Zoning
Ordinance. Further, noncompliance of the conditions of
approval may be grounds for the Planning and Zoning
Commission to take action in accordance with the Maricopa
County Zoning Ordinance.
r. Non-compliance with the regulations administered by the
Maricopa County Environmental Services Department,
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEE I 1NG OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2008084 Page 5 of 6

Maricopa County Department of Transportation, Drainage
Review Division, Planning and Development Department, or
the Flood Control District of Maricopa County may be grounds
for initiating a revocation of this Special Use Permit as set
forth in the Maricopa County Zoning Ordinance.
s. Property owner and his successors waive claim for diminution
in value if the County takes action to rescind approval due to
noncompliance with stipulations.
No animals of any type shall be allowed or kept on site.
u. No amplified sound of any type exterior to the building shall
be allowed.
v. The applicant shall erect an 8' (h) wall 10' west of the eastern
property line on the north half of the property. Said wall shall
connect to the existing 6' (h) wall on the eastern property line
on the south half of the property. The applicant shall ensure
that the proposed 8' (h) wall on the south property line
connects to the existing 6' (h) wall on the east property line
and gives gated access to the irrigation canal.
w. Site improvements contemplated by this proposal shall be
completed within one (1) year of Board of Supervisors
approval.
EXTRACTS OF THE MARICOPA COUNTY PLANNING AND ZONING MEETING OF
SEPTEMBER 18, 2008
CASE NUMBER: Z2008084 Page 6 of 6

Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case: Z200034
Meeting Date: September 181 2008
Agenda Item: 6
Supervisor District: 4
Title of Project: Arrowhead Montessori School
Applicant: GK Smith, Inc.
Owner: Larry Cummings
Request: Modification of Stipulations "a", "b" and "rof-,Z2004129
Site Location: Northeast corner of 83rd Ave. and Banffline (in.46.Tiorth
Peoria area)
Site Size: .App- rox. 2.1 ac.
Density: N/A
County Island Status: Class I (City of Peoria)
County Plan: City of Peoria General Plan of Development Area (GPDA)
Municipal Plan: (The City of Peoria General Plan Estate Residential uses (0-2
cl.u./ac.). The aty offered no objection to the SUP.
Support/Opposition: None known
Recommendation: • Approval with stipulations
Agenda Item: 6 — Z2008084
Page 1 of 10

Pro Summary:
• 1. The subject property fronts on 83 rd Ave. and is located on Lots 53 & 76 of the
Thunderbird North Unit Two subdivision., The school currently sits on Lot 76. Lot 53
was recently acquired directly to the south of the existing school. Lot 53 has a house
in very poor condition. The addition of the new lot allowed for expansion of the
school facilities, and allows the school to increase parking and playground area. The
SUP (Z2004129) approved April 2007 would allow for the existing 2-story building with
dassrooms and offices, two (2) new dassroom/assernbly buildings, and renovation of
the house for classroom and assembly, thus increasing the school facilities from 5,415
sq. ft. to 16,382 sq. ft
2. This request reduces the intensity of the use of the site The owner is proposing only
the renovation of the house into a classroom/nursery, thereby reducing the number of
students from the one-hundred seventy (170) approved with Z2004129 down to
maximum of one-hundred (100) students and the number of employees from eighteen
(18) down to twelve (12). This reduction in the scope of the project triggers the
Modification to Stipulation "j" Z2004129 which allowed for a maximum of 170
a-uderits. - -
,
3. The removal of the buildings from the site requires a new site plan (Stipulation "a")
along with a revised narrative (Stipulation "b"). The landscaping of the site has -
changed, not better or worse, just different The site plan calls out the trees along-v
banff Lit and 83"1 Ave. '
All °tier enhancements to the site, approved with Z2004129, such as the 8' (h):CMU,
block wall and the improved parking lot remain as approved. Please see the narrative,
and site plan (attached) for further explanation. :1,, ;2. .! •
Public Participation Summary:
5. Staff receive no objections frorn the neighbors to the Stipulation Modification. However,
it would be mis-leading to say there have been no objections to this use. The SUP
granted with Z2004129 was in jeopardy due to lack of compliance with their approved
stipulations. As part of the public Participation process, the neighbors were notified of
the hearing date for the Commission to revisit Z2004129 and Staff received the following
opposition letters:
6. May 8, 2008: Staff received a letter, signed by the "Community of Thunderbird North"
pointing out their concerns with the school's lack of compliance with stipulations of
approval of Z2004129. This letter was handedto the Commissioners at the May 8, 2008
hearing (see letter attached).
7. June 19, 2008: The "Community" faxed a detailed list of 6 concerns with parking,
traffic the block wall, the extra-curricular activities (see letter attached).
Agenda Item: 6— Z2008084
Page 2 of 10

June 19, 2008: Staff received a fax duplicate of the May 8, 2008 petition (see
attached)
9. July 21, 2008: Staff received an opposition letter from an adjacent property. They
have issues with the wall, the dilapidated house, and feel the school would be better
situated in a commercially zoned site (see letter attached).
10. As part of an agreement with the neighborhood, Staff mailed the revised site plan,
narrative, status report to all property owner's within 300', and there has been no further
contact from the neighbors. It . is assumed by Staff that the neighborhood is satisfied
with this new proposal.
Background:
11. July 25, 2001: The Board of Supervisors (BOS) approved (Z2001006) the original SUP
subject to stipulations "a" through "I" (see attached approval letter).
1 . December 15, 2004: An application for a Major Amendment (Z2004129) was 1.
submitted requesting an expansion of the use and site as well as an extended timeframe
for the,'SUP. • This request had significant Opposition from the surrounding 'property,
owners:- „
13. July 13, 2006: The Commission recommended an indefinite continuance - , of
Z2004129 in order for the applicant to work with the neighbors to resolve issues
primarily of parking but neighbors also had complaint about the animals, -lack of
upkeep on the property, and failure to construct a promised block
14. November 15, 2006: Planning staff facilitated a meeting between the residents and
the applicant and owner at MCP&D. The residents had a list of concerns including
securing their property from the children at the school, noise from school, and access to
the irrigation canal. The owner stated that the school does not use the flood irrigation.
The only resolution to satisfy the neighbors was an 8' (h) wall buffering the school from
adjacent land uses. The applicant was acceptable to the neighbors concerns, and staff
agreed to indude a stipulation that the first (1st) and fifth (5111) year status reports would
be routed to property owners within 300 ft. (Note: this stipulation was not included with
the ultimate approval of Z2004129, but once received, staff had intended to route a copy
of the Status Reports to property owners Within 3001
15. December 7, 2006: The Commission recommended a continuance to January 18,
2007. (Note: the continuance was requested by the applicant in order to continue
working with neighbors in opposition).
16. January 18, 2007: At the request of the applicant to continue working with neighbors,
the Commission recommended a continuance to March 1, 2007.
Agenda Item: 6— Z2008084
Page 3 of 10

17. March 1, 2007: The Commission heard Z2004129 and recommended approval to the
BOS (see attached minutes).
18. April 4, 2007: The BUS approved Z2004129 subject to stipulations — (see approval
letter attached).
19. January 8, 2008: Staff sent a letter (attached) to the applicant, school administrator,
and property owner asking for mitten demonstration that the site was in compliance
with the BUS approved stipulations. This letter was prompted by staff observation that
public hearing signs were still posted on the site, which violates the MCZO, as well as the
keeping of several goats, which violates stipulation "t". A Status Report application was
included with the letter and the applicant was advised to make resolution within 30 days
or the case would be forwarded to the first available Commission hearing for discussion.
• 20. January 101 2008: Violation case V200800037 was initiated by the Code Enforcement
division due to alleged lack of compliance with BUS approved stipulations January 18,
2008 the violation was verified. .
February 8, 2008: Staff sent a letter (attached) to the applicant, school administrator;
property owner, and hand-delivered a copy to the school informing that the caw_ would
be scheduled for the March 27, 2008 Commission hearing for a discussion _regarding.
revocation of the SUP due to non-compliance with BUS approved stipulations. A.copy,ofl:
the aforementioned January 8, 2008 letter was sent as an attachment to this letter:
. .
22. March 5, 2008: The school administrator, Lynnea Cisco, called and spoke to staff,
regarding the February 8, 2008 letter. She indicated that the public hearing signs were -
removed from from the property, that the goats would be removed from the property by
March 14, 2008, and that a Status Report would be submitted by April 4, 2008. Staff
spoke to Ms. Cisco again on March 14 th and indicated that the Commission hearing would
be postponed from the March 27th date to give the applicant time to submit their Status
Report by April 4, 2008. Staff observed on March 15th that both the public hearing signs
and goats were no longer on the site.
23. April 4, 2008: The first year Status Report was due. On this date, staff spoke and
emailed with Ms. Cisco, the school administrator, as well as the applicant, Greg Yurkovic
(who Ms. Cisco indicated was submitting the Status Report). All parties were informed
that the Status Report was a BOS approved stipulation that could not be extended
administratively. On April 7, 2008, an incomplete Status Report submittal was received
from Mr. Yurkovic (letter attached). Staff informed Mr. Yurkovic that the submittal was
incomplete and did not satisfy the Status Report requirement.
Agenda Item: 6 — Z2008084
Page 4 of 10

24. April 5, 2008: Staff observed an on-site event (see attached event schedule). The
parking lot was °vertu!l with vehicles parked in unlined spaces and in the fire lanes as
well as along Banff Ln.
25. April 14, 2008: The case was scheduled for the May 8, 2008 Commission hearing for
consideration of a Major Amendment or revocation of the SUP. The legal ad, site
posting, and notification to property owners within 300' of the site was conducted by
staff.
26. April 16, 2008: Three (3) building permits (B200501644, -45, and -46) which were
submitted originally on February 8, 2005 and expired on February 6, 2006, were
modified and resubmitted on April 16, 2008, comments were returned April 28, 2008
(see attached). The permits are for the new class room building, multipurpose building
and remodeling a nursery. It was unknown at that time if those plans complied with the
approved SUP site plan and narrative report.
27. May 8, 2008: The Commission voted to allow a continuance to June 5, 2008, for the
applicant to present a Status Report addressing compliance with all stipulation.
28. June Sy 2068: The Commission voted to allow a continuance to allow the applicant
additional time to resubmit/resolve building permit issues and update the Status Report
to address all outstanding issues.
29. July 2,, 2008 e - applicant' formally submitted the required Status Report under
Z2008062.
30. July 3; 2608: The Z2008062 Status Report was reviewed and rejected b ecause the
owner ''proposed amending the stipulations restricting the animals and the amplified
sound, and down-sizing the improvements to the site to include only the renovation of
the house. This proposal would require a Stipulation Modification approved by the
Board of Supervisors (BOS).
31. July 22, 2008: The owner paid the outstanding plan review fees.
32. July 23, 2008: The owner submitted an application for a Modification of Stipulation
under Z2008084.
33. August 7, 2008: The Commission continued Z2004129 and review and acceptance of
the Status Report pending approval of Stipulation Modification (Z2008084)
Existing On-Site and Adjacent Zoning and Land Use:
34. On-site: Rural-43/5UP (Z2004129)/Quasi-public (private school)
North: Rural-43/Single family residence
East: Rural-43/Single family residence
Agenda Item: 6 — Z2008084
Page 5 of 10

South: Collector (Banff Ln.) then Rural-43/Single family residence
West: Arterial (83rd. Ave.) then PAD (City of Peoria)/Vacant
Adepted Plans:
35. Maricopa County `Tye to the Future 2020" Comprehensive Plan: The
Comprehensive Plan designates this site as being within a General Plan Development
Area (GPDA), which is an area likely to be annexed into by a city or town in the future.
In this instance, the applicable general plan is the City of Peoria General Plan.
36. City of Peoria General Plan: The General Plan designates the site for Estate
Residential uses (0-2.0 d.u./ac.) with a target density of 1.0 d.ulac. The Estate
Residential designation correlates to City of Peoria AG, SR-43, SR-35, RI-43, and R1-
18 zoning districts. Each of those designations has as a permitted principal use
"Public/Charter Schools and Private Schools provided that the facility shall have direct
vehicular access to an arterial or collector street". Therefore, it appears as though the
existing use is in concert with the General Plan and the City of Peoria did not comment
• on Z2004149.!
Utilities and Sentices:
37. Water: City, of Peoria
Wastewater: City of Peoria
Fire Protection: ,RUral/Metrci'Fire Department
School District: Peoria School District
Outstanding Colleen* from Reviewing Agendes:
_
38. N/A
Discussion and Evaluation:
39. The applicant submitted a revised Status Report that confirmed the improvements to the
site are to be scaled back. The Status Report has been revised to reflect exactly the
same changes as proposed in the Stipulation Modification. The neighbors have all been
notified of this revised proposal and Staff have not received any further correspondence.
40. As a result of the Status Report, Staff advised the applicant that an application for
Modification of Stipulations would be required. Staff is fairly confident that the
construction of the renovation, wall and parking lot will be conducted in a timely manner.
The building permit (B200501646) and associated Grading & Drainage Plan are in review
at this time. The owner has paid all outstanding Plan Review fees to date, and the
Applicant states in the narrative they hope to begin the 2 nd week of September. This
would include not only the building renovation, but the paving, construction of the wall,
new fencing, and landscaping.
Agenda Item: 6 — Z2008084
Page 6 of 10

41. It is staff opinion that once these improvements are complete there will be harmony in
the neighborhood. Traffic and on-street parking will no longer be an issue. The
neighbor's on the east side of the property will have privacy and the school site will be
aesthetically improved.
Recommendation:
42. Staff recommends Approval of Z2008084 for the following reasons:
Reviewing County agencies have no objections.
• The new parameters defined on the site plan and in the narrative will mitigate
neighborhood concerns with traffic congestion.
• The landscaping, new construction, and renovations will improve the appearance
of the property
a. Development of the site shall comply with the site plan entitled "Arrowhead
Montessori Stipulation Modification of Special Use", consisting of three (3) full-
size sheets, - dated revised August 20, 2008, and stamped received August 26,
2008, except as modified by the following stipulations.
• .
Development of the site shall be in conformance, with the narrative report
entitled "Arrowhead__ Montessori Stipulation Modification of Special Use
Z2004129"; consisting of six (6) pages, dated August 14, 2008, and stamped
received August 21, 2008, except- as modifiedby the following stipulations...t
A continuous parapet shall screen all roof-mounted equipment.
r, 1 4
d. All transformers, back-flow prevention devices, utility boxes and all other utility
related ground mounted equipment shall be painted to complement the
development and shall be screened with landscape material where possible. All
HVAC units shalt be ground-mounted or screened from view.
e. Prior to issuance of any permits for development of the site, the
applicant/property owner shall obtain the necessary encroachment permits from
the Maricopa County Department of Transportation (MCDOT) for landscaping or
other improvements in the right-of-way.
f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
Agenda Item: 6— Z2008084
Page 7 of 10

g. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the applicable fire department.
Prior to issuance of zoning clearance, the applicant shall seek review and
comment from the applicable fire protection agency, and shall provide written
confirmation that the site will be developed in accordance with their requirements.
h. Prior to zoning clearance, developer(s) and/or builder(s) shall establish
emergency fire protection services, covering all real property contained within
the project area during course of construction and shall obtain a 'will serve'
letter substantiating coverage from Rural Metro Fire Department .
I. This Special Use Permit shall expire on April 4, 2027, twenty (20) years from
the Z2004129 original date of approval.
j. The 'number of students shall be limited to 100 with a maximum of 12 employees.
k. The school shall be in session only Monday through Friday from the hours of
700 am to 600 p.6%. .
There shall be no off-site parking permitted. All student body functions with
the potential to generate more ',parking requirements than spaces currently
• provided on school grounds shall be held off of the premises.
_
,m The applicant shall -- submit a --written,' report outlining the status of the
development at the end of one (1) and fifteen (15) years from the date of
approval by the Board of Supervisors: The status report shall be reviewed by
• staff to determine whether the Special Use Permit remains in compliance with the
approved stipulations:-
n. . The owner shall notify future owners that they are located within the State-
defined "Territory in the Vicinity of a Military Airport" with the following
language:
"You are buying property in the 'vicinity of a military airport' as described by
State of Arizona statute ARS §28-8481. Habitable buildings 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. '
Agenda Item: 6 —Z2008084
Page 8 of 10

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.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning
and Development Department."
o. All habitable buildings shall be constructed to attain a noise reduction level as
per ARS § 28-8482(B).
p. Major changes to the Special Use Permit (site plan and narrative report), or the
stipulations of approval, shall be processed as a revised application, with
approval by the Board of Supervisors upon recommendation of the Planning
and Zoning Commission. Minor changes may be administratively approved by .
- the Planning and Development Department.' Major changes to the Special Use
Permit may require a new Citizen Participation Process as determined by the
-- Planning and Development Department' . ;-
• Noncompliance with the_conditions cf approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further,
. noncompliance of the conditions of approval may be grounds for the Planning
- and Zoning Commission to take actioh in accordance with the Maricopa County
Zoning Ordinance. -= '
r. Non-compliance with the regulations administered by the Maricopa County
Environmental Services Department, Maricopa County Department of
Transportation, Drainage Review Division, Planning and Development
Department, or the Flood Control District of Maricopa County may be grounds
for initiating a revocation of this Special Use Permit as set forth in the Maricopa
County Zoning Ordinance.
s. Property owner and his successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with stipulations.
No animals of any type shall be allowed or kept on site
u. No amplified sound of any type exterior to the building shall be allowed.
v. The applicant shall erect an 8' (h) wall 10' west of the eastern property line on
the north half of the property. Said wall shall connect to the existing 6' (h) wall
Agenda Item: 6 — Z2008084
Page 9 of 10

on the eastern property line on the south half of the property. The applicant
shall ensure that the proposed 8' (h) wall on the south property line connects to
the existing 6' (h) wall on the east property line and gives gated access to the
irrigation canal.
Planner: Patty Zaricor/Terri Hogan, AICP
Reviewed by: Robert H Kuhfuss, MCP, Acting Principal Planner,
Attachments: Case map (1 page)
Vicinity map (1 page)
Site Plan (reduced 8 1/2"x 11", 3 pages)
Narrative (6 pages)
April 4, 2007 Z2004129 approval letter (3 pages)
Opposition letters (Z2004129) (6 pages)
Map of opposition
Agenda Item: 6— Z2008084
Page 10 of 10

MARICOPA UN ARIZONA
Legal Description: NW4 Section: 11 Township: 133N 01E
SUPERVISORAL DISTRICT NO. 4
REQUEST:
,F ITIPULATION MODIFICATION
Legend ARROWHEAD MONTESSORI SCHOOL
RURAL-43 ZONING DISTRICT (2.08 ACRES)
Streets
Thruway
aka % fling • MARICOPA COUNTY 00'
al PLANNING &DEVELOPMENT
PHOENIX, ARIZONA

MARKXPA COUNTY, A E1A
7
Phone: (602) 513-6224
Case Address: 14801 N83RDAVE
SUPERVISORAL DISTRICT NO 4
RE UEST:
STIPULATION MODIFICATION
Legend ARROWHEAD MONTESSORI SCHOOL
RURAL-43 ZONING DI ICT (2.00 ACRES)
Streets
- Thruway
tafls j Zoning PLANNING MARICOPA &DEVELOPMENT COUNTY 1 " = ,225 '
PHOENIX, ARIZONA

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REQUEST FOR SPECIAL UM PERMIT •
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George Baker - Architect
ARROWHEAD MONTE55ORJ - SPECIAL USE PERMIT
14RO I N 83RD AVE
PEORIA • ARIZONA 8530 I

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SINGLE ACCESSIBLE
PARKING SPACE G) ACCESSIBLE SIGN REQUIRED . MUST NEVER BE OBSCURED
NOTF9:
0 5 ET ACCESS 1OSLE REWIRED C) REQUIRED STANDARD REGULATORY SIGN MAY ' •
BE MOUNTED ON CUSTOM / DECORATIVE POST
(I) ACCESSIBLE SPACES MUST BE PROMINENTLY OUTLINED IN COLORS OR BACKJNG PROWDED MINIMUM
OR MATERIALS CONTRASTING FROM REGULAR TARRING SPACES. STANDARDS ARE MET
•4 OUTLINE STRIPING REQUIRED (TRAFFIC YELLOW PREFERRED) ALL RAMPS MUST MEET ADA ACCESSIBILITY GUIDEUNES
-ACCESS AISLE SHALL BE CLEARLY MARKED (CROSSHATCHING 0 (ADAAG) STANDARDS; 2% MAX CROSS SLOPES AND 121 MAX
STRIPES SPACED 2 FT D.C. PREFERRED LONGITUDINAL SLOPES. TRUNCATED DOMES AS DETECTABLE
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SITE DETAILS I .3
SCAM N.S.5.

MONTESSORI SCHOOL
8236 W. Banff Lane
Peoria, AZ 85381 RECE D
AUG 2 1 2008
Stipulation Modification of Special Use Z200412 sli3Y:
NORTH
GREEN WAY RD
BANFF LN .
v
THUNDERBIRD RD
VI CI IA ITY MAP
SOUTH
Date: August 14, 2008
Case#: Z2008084

OWHEAD MONTESSORI SCHOOL
•SPECIAL USE PERMIT NARRATIVE
• 14801 N. 83RD AVENUE
PEORIA, AZ 85381
The following narrative has been comprised of information regarding the above-
mentioned project and addressing questions provided by the Technical Advisory
Committee (TAC.) The objective of this narrative is to inform the TAC the reason for
the request and what the expectations would be for the school and surrounding neighbors.
This narrative will be submitted along with the updated site plan, civil ig and
drainage plan, and additional information requested by the TAC.
Reason for Request:
To modify three (3) stipulations from the approved Special Use Permit Z2004129 to read
as follows:
Modify Stipulation "a"
Development of the site shall comply with the site plan entitled "Arrowhead Montessori
School", consisting of one full-size sheet, dated August 20th, 2008.
Modify Stipplation "b"
b. Development of the site shall be in conformance with the revised narrative
report entitled Arrowhead Montessori School consisting of (6) pages dated 8-14-2008.
Modify Stipulation "j"
The number of students will be limited to 100 with a maximum of 12 employees.
• The reason for the stipulation modification request is because the scope of the
project is reduced from the construction of two new buildings down to just the renovation
of the house plus the parking lot improvements and construction of the walL Therefore
the site plan has changed. Stipulation `1" was approved with 170 students due to
reduction of scope the number of students will be reduced.
The Arrowhead Montessori School offers parents of young children a quality
private education with individual attention and progressive curriculum. The success of
the school has created an increase in enrollment and with the available land and the
abandoned neighboring residence expansion is possible. This expansion is not only to
accommodate the increased enrollment but also to offer more opportunities to the
students. The added opportunities include but not limited to physical education,
performing arts, music, languages, computers and any other opportunities the school
foresees for its_students.

Description of Proposal:
The current school is one building with the adjacent empty lot and abandoned
residence. The abandoned residence has become a very unsightly structure to the
landscape of the neighborhood. The empty lot is currently not being used. The
abandoned residence is to be remodeled complete with a new roof structure and some
minor interior renovations. For example, the redesign of interior layout would include
remodeling existing kitchen and bath which will bring them current with municipal codes
for this use and creating two classrooms(one for infants and one for toddlers.) The
exterior of the existing building is to be desi UI and match the existing architecture as
well as the surrounding landscaping of the lone building currently used for the school. •
This will greatly enhance the esthetics of the corner property.
There will be landscaping added per site plan to include 6-7 new trees along Banff
Lane as well as 3-4 new trees along 83th Ave and will be of Xeriscape nature. The
retention areas will be grass. As well, the perimeter of the site will have Xeriscape
landscaping.
The expansion of the school has also allowed us to create more parking and more
area for traffic cars entering and exiting the campus. The biggest advantage to more
space has been to create more area for drop off and picking up children. The space
created is larger than what is currently available. The new drop off area combined with
new walkways creates a safer system for students arriving and leaving the school. The
increased paved area is much greater than the increase of additional students and
. employees
The following is in direct response to the questions provided by the TAC:
The total number of students will be a maximum of 100.
The hours of operation of the school are Monday thru Friday from 7 am to 6 pm.
• The school is in operation during the months of September through May, with
considerable time off during the holiday season, December and January.
• Based upon the weather, recess times (outside) are 12:30 until 1:00 pm and 2:45
-until 3:00 pm each day.
• The total number of employees is expected to be 12. This includes all teachers,
teacher aids, supervisors and any other non-students on campus during hours of
operation.
• The existing residence is going to be used for additional classrooms for infants
and toddlers with not more than 5 infants per Arizona Licensing guidelines.
The current gate off of Banff lane is not used for access to the property. It will be
closed off with a new chain link fence.
The playground area is open play space and will not house equipment. The rear
yard (east of the residence) vvill be developed into the open play area The west
• yard has potential to become additional open play area, but the relationship to 83'd
avenue doesn't make it appealing as the primary open play space. This is why the
site plan is labeled "option at the owner's discretion."

m Currently the school has no animals
la New construction of fences or wall will be for the open play area; a cmu wall
approximately 48" above adjacent grade. In addition to that a continuous wall
+36" above adjacent grade running from the remodeled residence to the existing
wall at the south side of the existing school building. The intention of the wall is
to organize traffic of students coming onto campus and leaving campus.
Relationship to surrounding properties:
The relationship to the school and surrounding areas is somewhat a conflict of
two different uses. The adjacent areas are residences with the expansive lots that distance
themselves quite a way from the school. The only current problem arises during the day
when the current parking area is overcrowded and parents choose to park on Banff and
walk to the school for pick up and drop off of their children. The school has done
everything in their power to notify parents of the problem, but with zero parking on 83111
avenue there is little option. That is why the increased parking, drop off space and
increase area for traffic flow is critical for both the future and current school
development It's the issue that neighbors have brought to our attention. We have shared
with them the expansion plans and have achieved results that offset their concerns.
Across the street from the project site is land owned by the city of Peoria. As of
January 2005 the city has been using the land for their school bus housing station. The
buses are used for the city of Peoria School District and have no relationship to the
Montessori School. These buses have recently been relocated to a new location
undetermined to us, but it appears that the land is being developed for another purpose.
At the most recent site visit the land was roped off and some groundwork had been
started.
Location and accessibility:
Majority (over 95%) of students will be dropped off and picked up by parents
within a 90-minute window in the morning and a 150-minute window in the afternoon.
These windows create a steady drop off and pick up system without over crowding the
new parking, drop off and traffic areas. The morning window is smaller but with very
little morning traffic on 83rd avenue it allows the traffic to move -uninterrupted. The
afternoon window accommodates the increased afternoon traffic on 83rd avenue. There
will be no school buses dropping off or picking up students at any time
Circulation system'
The southern most entrance (on 83 th avenue) will be used as the entrance point of
the campus. The parking and extra drop off space will be used to accommodate children
being dropped off or parents that require to park to drop off their children. The northern
most access will be used as the exit for the campus. This will allow a constant flow of
traffic entering back onto 83th avenue.. This also will direct traffic toward Bell and Loop
101 intersection that will allow parents to reach their final destinations throughout the
valley.

Development schedule:
It is of our opinion that the Building Department has all of the revised drawings in
hand. The building plans have been approved by Stantec(3 1d party consultant) and are
now wilting approval from the County. The grading and drainage plans are awaiting
review for approval. Based upon this information we expect to have Building
Department approval for permits by the first week in September. Once the Building
Permits have been obtained, construction on the site work will begin within 7 clays. We
anticipate a construction schedule of 4 months for completion of the project.
Public utilities and services:
All public utilities, fire, police, water, and sewer are available to the lot by the city
of Peoria. A right-of-way permit has been applied for and comments have been received
from the City of:Peoria. The design comments do not affect the original and/or current
design of the site Telephone is currently provided by Qwest communications and cable
is available in the area provided by Cox communications. Natural gas is not provided at
the lot. SRP provides the electrical and irrigation.
UTILITY SERVICE COMMITMENT TABLE
PROVIDER:
N/A
Electric SRP
Sewer City of Peoria
Water City of Peoria
School District Peoria
Cable S. COX
Telephone Qwest
Police- Maricopa County Sheriff Department
Rural Metro
Irrigation SRP
Neighbors participation:
A. Pn October 7, 20061 had a met with Mr. Drew Bradley to discuss the neighbors
concerns about the proposed extension of the Special Use Permit The neighbors
concerns were:
1. The appearance of the property
2. Activities at the school create too much traffic.
3. The irrigation easement is inaccessible for the neighbors to the east and the
Children create a disturbance.

After numerous meetings and discussions with the neighbors the following compromises
have been made in attempt to appease the neighbors. The changes are as follows:
1. The oWner has begun removing dead trees and brush to start increasing the
appearance of the existing structure.
2. All school activities have been moved to the neighboring high school, Thus the
need for additional parking is no longer necessary.
3. A new wall will be constructed prior to the construction of the new buildings for
neighbors' privacy. The wall will be 8' (h) and constructed 10' from the east property
line extending from the north building to the south property line and 50' along south
property line. This is to minimize the neighbor's _disturbance created by the school
• children.
The neighbors agreed to accept the SUP with the stipulations discussed above.
In closing of the narrative report we'd like to reiterate the desire for the extension
of the current special use permit for the school. The school offers a tremendous private
education to its students. These children could greatly benefit for the expansion of the
school. Not only does the expansion provide more space, more classrooms but additional
areas for student opportwities. The proposed increase in parking, drop off areas and
traffic flow solves the current condition of overflow and neighborhood parking that
currently exists. If more information is required for approval of this permit you can
•contact our office at (602) 347-5864.

Planning & Development ONE
Department
ST
$il
April 11, 2007
Greg Yurkovic
1951 W. C.amelback, Suite 230
Phoenix, AZ 85015
Larry Cummings
P. 0. Box 430
Sonita, AZ 85637
SUB): Maricopa County Zoning Case Z2004129
On April 4, 2007, the Maricopa County Board of Supervisors (BOS) approved your request for a Major
Amendment to a Special Use Permit (SUP) for a private school in the Rural-43 zoning district for
Arrowhead Montessori School. This site involves 2.1 acres located at the northeast corner of 83rd Avenue
and 7 Banff Lane in the north Peoria area as shown on the attached case map. • . .
_Approval is subject to the following stipulations: r::
Development of the site shall comply with the site plan entitled 'Arrowhead Montessori
Special Use Permit", consisting of three (3) full-size sheets, dated revised , February 15,
2007, and stamped received February. 16, 2007, . except as modified by the following
stipulations. , „ • •
b. Development of the site shall be in conformance with the narrative report entitled .
"Arrowhead Montessori School, consisting of five (5) pages, dated revised October 2006,"'
and stamped received October 16, 2006, except as modified by the following stipulations.
c. A continuous parapet shall screen all roof-mounted equipment
d. All transformers, back-flow prevention devices, utility boxes and all other utility related
ground mounted equipment shall be painted to complement the development and shall
be screened with landscape material where possible. All HVAC units shall be ground-
mounted or screened from view.
e. Prior to issuance of any permits for development of the site, the applicant/property
owner shall obtain the necessary encroachment permits from the Maricopa County
Department of Transportation (MCDOT) for landscaping or other improvements in the
right-of-way.
f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance.
g. Development and use of the site shall comply with requirements for fire hydrant
placement and other fire protection measures as deemed necessary by the applicable fire
department Prior 133 issuance of zoning clearance, the applicant shall seek review and
comment from the applicable fire protection agency, and shall provide written confirmation
that the site will be developed in accordance with their requirements.
• 501 North 44th Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

rayU
.08/27/2008
Z2004129
h. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire
protection services, covering all real property contained within the project area during
course of construction and shall obtain a 'will serve' letter substantiating coverage from
Rural Metro Fire Department.
I. This Special Use Permit shall expire twenty (20) years from the date of approval by the
Board of Supervisors.
j. The number of students shall be limited to 170 with a maximum of 18 employees.
k. The school shall be in session only Monday through Friday from the hours of 7:00 a.m. to
6:00 p.m.
I. There shall be no off-site parking permitted. All student body functions with the potential
to generate more parking requirements than spaces currently provided on school grounds
shall be held off of the premises.
m. The applicant shall submit a written report outlining the status of the development at the
end of one (1) and fifteen (15) years from the date of approval by the Board of Supervisors.
The status report shall be reviewed by staff to determine whether the Special Use Permit
remains in compliance with the approved stipulations.
n. The owner shall notify future owners that they are located within the State-defined
"Territory in the Vicinity of a Military Airport" with the following language: .
"You are buying property in the 'vicinity of a military, airport' as described by State of
• Arizona statute ARS §28-8481. Habitable buildings 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 overflight 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.
For further information, please check the Luke Air Force Base website at
www.luke.af.mil/urbandevelopment or contact the Maricopa County Planning and
Development Department."
o. All habitable buildings shall be constructed to attain a noise reduction level as per ARS §
28-8482(B).
p. Major changes to the Special Use Permit (site plan and narrative report), or the
stipulations of approval, shall be processed as a revised application, with approval by the
Board of Supervisors upon recommendation of the Planning and Zoning Commission.
501 North 44 Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

Page
08/27/2008
Z2004129
Minor changes may be administratively approved by the Planning and Development
Department Major changes to the Special Use Permit may require a new Citizen
Participation Process as determined by the Planning and Development Department
q. Noncompliance with the conditions of approval will be treated as a violation in
accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the
conditions of approval may be grounds for the Planning and Zoning Commission to take
action in accordance with the Maricopa County Zoning Ordinance.
r. Non-compliance with the regulations administered by the Maricopa County Environmental
Services Department, Maricopa County Department of Transportation, Drainage Review
Division, Planning and Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this Special Use Permit as set forth
in the Maricopa County Zoning Ordinance.
s. Property owner and his successors waive claim for diminution in value if the County takes
action to rescind approval due to noncompliance with stipulations.
t No animals of any type shall be allowed or kept on site.
u. No amplified sound of any type exterior to the building shall be allowed.
v. - The applicant shall erect an 8' (h) wall 10' west of the eastern property line on the north
half of the property. Said wall shall connect to the existing 6' (h) wall on the eastern
property line on the south half of the property. The applicant shall ensure that the
proposed 8' (h) wall on the south property line connects to the existing 6' (h) wall on the !,
east property line and gives gated _ access to the irrigation . . canal.
Please feel free to call me if you have any questions at 602-506-8358.
• Sincerely,
Patty Zaricor, Planner
Maricopa County Planning and Development
Terri Hogan, Principal Planner
' Maricopa County Planning and Development
501 North 40 Street, Suite 100
Phoenix, AZ 85008
FAX: 602-506-8369

RECEIVED
MAY 8 2008
BY:
To in It May Concern:
we are once again voicing our
we vo out concerns we tried to-coone to a eival'Agreenent.
had done so. We believe now, she w. ISA so in had
the school had a carnival in Which was issue once
We thought the school was an effort to mai" the propetty to the
and it 'toyer The pro is in worse 4 4, ° than one year ago.All
the on and trees are which is now causing a flue hazard,. We did ask that the
•goats be -. 4 3 if the VEi and " the Tim 2
• they have
We feel you dhead. zyThr
or 41 4t1 411 to att R.43 them.' 3ep
ricase help us =tore our common' tit an=
a business seems to care about its net

MA" • .11 G.8.44JI CALL 1 =W
*St> tart& few a) d'AN
ff3 sr-ed- 84.46
i yeol Ai 17- bv-e-
af„,st


FRUM ; urP_woract e y r t-if ru. t G." I
REC, 3V-ED
JUN. ;
Patty &rigor, BY June 18, 2008
We have several issues the new plan Yurkovic has sub !I Issues we
ht are only partially fixed.
1. P ° Issue (not enough mom) 33 spaces of which 18 will be used by
employees. lea' 15 spaces for 170 . I I, to • • • off tt • 00,4 up children..
2. Off Zone: ( bad location) north end would be tetter. We for see this
as a problem. 170 students means at least 135 cars entering at 700 A.M. will stop
tmffee on 83m Ammo. e residtmts of the • • • • to exit
Banff onto 83rd Avenue to get to our jobs tmd to High School each
Itl* PI h would awn a problem for Co Crabks as well.
• 3. Block Wall: (existing wall not to code for school use) We still five the same
bless with bad . ." on access. Block wall WU • • • to be along entim East
property line, not halt We also agreed that a wall and • • • would be
along Banff Lane which is not addressed on the plan.
4. School Activities Parking There was never an agreement to less p spaces
as stalmd in the Yutkovic letter. Never saw f 144 jai High School.
5. Abandoned "cc: The residence was never 1.1 II in the letter.
The owner chom to neglect the pro Mrs. Key =diet
it fall apart all these years.
6. Multi %se Building Usage:
1. Plays pose a issue
Other tems as need arises school hours (needs
possible uses)
3. Playgnotmd: Plan to be approved, ma owners discren'on
In closing, nothing was done by Arrowhead Montessori nog the word "revoke" was
up about SUP. A year ago we agsted to some ,e`e • :ons„ but when Armwhead
Montessori ignored your request to agree to the terms we discussed, it just reinforced my
opinion about our neighbor', they don't care about our ' borhood they just care about
themselves. We are now totally against Arrowhead Montessori keeping their ex/
SUP and are hoping the powers be listen to the community is asking and deny
their plans to expand. We ask that you revoke the existing SUP.
Thank You,
The COMMunity of Thunderbird North

tj Zaricor PLAND
• I amsg aol.com
Saturday, July 19, 2008 11:43 PM
Patty ZariCor - PLANDEVX
JUL 2 1 .2068
)ject: Case # Z2004129 •
Zaricor • July 19, 2607
cope County Planning and Development
N 44th St, Ste 206
snbc AZ 85008
# Z2004129
r Ms Zaricor,
ve just received your letter of July 3, and am adamantly against the permit extension for the Arrowhead Montessori School. I'd
ild like to give some comments as to why I oppose extending their permit
not against children being in the neighborhood, on the contrary, I fought to have the One Step Beyond program here, and
e was the only property being directly affected by them. That said, let Me give my opinions of some of the differences, and
ember that you turned down One Step Beyond's permit.
is told, but did not confirm, that the reason you turned down One Step Beyond'S permit was-that they got the cart before the.
se and started their program before all permits were in place. True or not, not everythingwas done properly in Arrowhead .
itesson's program either. In fact, I have lived here for 14 years and the first I ever knew-that Arrowhead Montessori exiSted,.:
; after the building was he completed: I was never contacted by your office or theirs that :a-permit was ever applied, for even
ugh I live 200 feet away. • ' . .
ground was broken for the building, I assumed that a house was being built there. When One Step Beyond came into the
ghborhood, they came door to door to let us know about their program, and while at first I was against it, even signing the
ition to stop their operation, my wife and I went to visit the program to educate ourselves. After seeing what they were doing to
p integrate Down Syndrome children into society as fully functioning participants, my wife and I removed ourselves from the
ition, becoming ardent supporters of One Step Beyond, • • .
•
ere One Step Beyond was giving home living training in a home environment, Arrowhead Montessori built a new building and
mged the landscape of the neighborhood Other than a few extra cars at the house, you would have never known One Step
yond to be anything other than a normal home, while Arrowhead Montessori has had numerous parking fiasco's even after their
Imise to contain parking issues. .
-
iared 209 feet of common fence with One Step Beyond and found them to be nothing but delightful neighbors, no one else
red near as much common property line as I did with them. Yet I feel that you morally did them wrong by denying their
Tnit, from which only g a . s would have come. The saying may well be 'a chain is Only as strong as it's weakest line, but ifs
o true that a society is only as strong as it's weakest member.
mritrast, Arrowhead Montessori is not only an eyesore, but they have proved themselves to be arrogant, lying and deceitful
ighbors. Not only was I never contacted by them during their first permit, but they have ignored all subsequent agreements with
neighborhood. They agreed a year ago that they would maintain the property pending the permit, yet now the house is all but
stroyed. The roof is almost gone and I'm`sure the rain water has caused mold in the interior as the roof is wide open in areas,
any moisture, rodents and insects are having a great old time. The tree's are all dead, and only a -month ago did they begin
novel of said trees. The weeds also only recently had attention. • •
_
)und it fascinating that Arrowhead Montessori was in such need of being in our neighborhood that they sought the permit on the
)pertyin question, when directly across the street land Was for sale for years and zoned property for business. In fact the self
rage unit's that are there, were built after the school was built, .
. -
Jottom line is this-,- Arrowhead Montessori bought Cheaper land rather than buying the land across the street that was already
the City of Peoria and zoned commercial. Then they ignored the requirements of notifying the neighbor's that a permit had been
plied for, negating our rights of speaking our opinion. They have changed the landscape of our neighborhood and
-lored their promise to our neighborhood to keep the property up. Now they want more of the same, and it's is only for their
(2112008

rri line of profit. The neighborhood gains ( ..thing. •
ember the other school that you denied a permit for, One Step Beyond contacted all of the neighbor's, they never changed
indscape of the neighborhood, they completely cleaned up the property from a overgrown jungle to a nicely •
tamed property that I can look at out my back window on, and they were helping people who cannot help themselves. All at —
word (in fact OSB is a 501c non-profit organization), AND YOU DENIED THEM.
•
the time has come for you to deny the permit extension for Arrowhead Montessori. They should be required to turn the house
into a livable home. They have caused the eyesore, they should fix it. Don't give them a permit to destroy the neighborhood
nore than they already have.
xactfully,
Lamb
Lamb -
)1 N d Lane
la A7 RSfIR:L.
334-6735
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