Staff Report

City of El Mirage — Regular Meeting (2020-01-23)

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ZONING APPROVAL 
ZONING APPROVAL 
 APPLICATION REQUEST REVIEW  
 APPLICATION REQUEST REVIEW  
January 23, 2020 
 
 
APPLICANT INFORMATION 
Case: 
PZ19-10-16 
Owner/Applicant: 
Garrett Seely, Fourplex Investment Group (FIG)  
Agent: 
David Bohn, BFH Group  
Request (s): 
Conditional Use Permit – Multi-Family Use 
 
 
PROPERTY INFORMATION 
Parcel(s): 
501-33-987 & 988 
Address: 
12945 W. Greenway Road 
Property History: 
UC Urban Corridor 
Land Area: 
7.99 ac.  
Building Area: 
Vacant   
 
 
ZONING / LAND USES 
Existing Zoning/Land Use: 
UC Urban Corridor/Vacant 
Proposed Zoning/Land Use: 
UC Urban Corridor/Vacant 
ARS 28-8481 Zone: 
N/A 
Flood Zone: 
Floodplain: AE / 100-Year Flood Zone 
  
 
SURROUNDING PROPERTY 
North: 
Single Family Residential (Surprise) 
East: 
Civil (Elementary School)  
South: 
Civil (Elementary School) 
West: 
Commercial (Retail)  
 
 
COMMUNITY SERVICES 
Water: 
City of El Mirage 
Sewer: 
City of El Mirage 
Electric: 
APS 
Police: 
4.5 Miles 
Fire: 
2.0 Miles 
 
 
ACCESS  
Road: 
Greenway Road 
Class: 
Major Arterial   
Improvements: 
Good 
Condition: 
Good 
SCHOOLS 
District: 
Dysart Unified School District 
Elementary: 
Surprise Elementary School 
High School: 
Dysart High School

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STAFF REPORT 
Compliance with General 
Plan: 
The 2010 General Plan designates this area as part of the 
Neighborhoods Planning Area and is compatible with the General Plan 
Land Use Plan but requires an action and recommendation from the 
Planning Commission Board and a final action from Council for the 
project to continue with its development.  
 
Considerations: 
The applicant is requesting a Conditional Use Permit for Multi-Family 
Use on 7.99 acres of land located at the southeast corner of Greenway 
Road and Dysart Road. The applicant plans to subdivide the property 
into smaller condo like parcels for individual owners. If approved, the 
applicant will be required to submit a Preliminary and Final Plat as 
required by Zoning Code §155.004 for review and approval by the City. 
 
The Dysart Unified School District has provided comments regarding 
the multi-family development and has also provided information 
regarding an easement agreement with the developer of the commercial 
property. See attached letter and easement agreement.   
 
To date, City Staff has received one call from the general public. Patsy 
Walker Escobedo, 12826 W. Greenway Road, Surprise, Arizona asked 
the following questions regarding the project. 1) How are they going to 
address the increase of traffic? 2) Any improvements being done to 
Greenway Road. The applicant will be providing a Traffic Impact Study 
to City staff. The report will be shared with the City of Surprise for 
review. The City of Surprise has jurisdiction of Greenway Road and any 
required improvement will come from them.  
 
 
City Staff Review 
Staff has reviewed the Conditional Use Permit Zoning Application and 
recommends approval with the following stipulations:    
 
Stipulations: 
1. The applicate will address the Technical Advisory Committee 
(TAC) comments mentioned in the December 3, 2019, 
Memorandum with the construction and civil submittal.  
2. The right to a use and occupancy permit shall be contingent upon 
the fulfillment of all general and special conditions imposed by 
the Conditional Use Permit procedure. 
3. All of the special conditions shall constitute restrictions running 
with the land and shall be binding upon the owner of the land, his 
or her successors or assigns. 
4. All conditions specifically stated under any conditional use listed 
in this chapter shall apply and be adhered to by the owner of the 
land, his or her successors or assigns. 
5. All of the special conditions shall be consented to in writing by

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the applicant. 
6. The proposed Multi-Family Use shall not generate noise, 
vibrations, and odors that may become a nuisance to the general 
public.  
7. Per Zoning Code §155.004; any land, vacant or improved, which 
is divided or proposed to be divided into four or more lots, 
parcels, sites, units, plots, or interests is considered a Subdivision 
and will require Preliminary Plat and Final Plat approval.  
 
8. No expiration date of the Conditional Use Permit is being 
proposed by staff; however failure to meet and maintain these 
stipulations will result in revoking the Conditional Use Permit. 
 
Planning Commission 
 
Recommended approval of the Conditional Use Permit at the 
December 10, 2019, Public Meeting/Hearing with a 5 to 0 vote.  
  
Council  
Staff will be seeking a final action from Council at the January 7, 
2020, Public Meeting/Hearing.  
 
Attachment 
TAC Review Comments, Luke Review Letter, Dysart Unified School 
District Letter and Easement Agreement, Application Packet.