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Page 1 of 4 DEVELOPMENT APPLICATION REQUEST REVIEW April 6, 2021 APPLICANT INFORMATION Case: PZ21-02-05 Owner/Applicant: West Valley Market Place Agent: Rosie Galope Request (s): Conditional Use Permit – Open Air Market PROPERTY INFORMATION Parcel(s): 501-34-083 Address: 12420 W. Thunderbird Road, El Mirage, Arizona 85335 Property History: Urban Corridor Land Area: 0.6 ac. Building Area: Vacant ZONING / LAND USES Existing Zoning/Land Use: Urban Corridor/Commercial Proposed Zoning/Land Use: Urban Corridor/Commercial ARS 28-8481 Zone: 65 - 70LDN Flood Zone: N/A SURROUNDING PROPERTY North: Residential/Single Family Dwellings. East: Open Space/City Park South: Civil Services/Public School West: Commercial-Residential/ Medical Services-High Density Dwellings COMMUNITY SERVICES Water: City of El Mirage Sewer: City of El Mirage Electric: APS Police: 2.5 Miles Fire: .20 Miles ACCESS Road: Thunderbird Road Class: Major Arterial Improvements: Good Condition: Good SCHOOLS District: Dysart Unified School District Elementary: El Mirage Elementary School High School: Dysart High School Page 2 of 4 STAFF REPORT Compliance with General Plan: The 2020 General Plan designates this area as part of Neighborhoods Planning Area, where the proposed Conditional Use Permit for an Open-Air Market Use is compatible with the General Plan. City Zoning/Land Use An Open-Air Market Use requires a Conditional Use Permit to be reviewed and a recommendation from the Planning Commission and a final action from Council for the site plan to be approved, and for the project to continue with the construction permitting process. ARS 28-8481 Land Use Compatibility The site is located inside the Luke Air Force Base (LAFB) Noise Contour Zone, and the Military Airport Territory Area and is subject to review from LAFB for land use compatibility with ARS 28-8481. Please see the attached review email from LAFB. Considerations: The applicant is requesting a Conditional Use Permit to operate a year-round open-air market on the weekends, Friday, Saturday and Sunday. Winter months; October through April – 8 am to 7 pm, summer months; May through September – 6 am to 12 pm. The open-air market will host merchant and food vendors and will have 40 to 60 vendor spots. The open-air market will also have live music, children activities and a seating area for food. The open-air market will be located at the northeast portion of the 5.5-acre property only occupying 0.6 acres. The site has parking to accommodate the open-air market, the 43,000 square foot building is currently vacant. There a water & ice kiosk and food truck operation on site. City Staff Review Staff has reviewed the proposed Conditional Use Permit application and has the following stipulations. Stipulations: 1. The Open-Air Market shall comply with all Federal, State, County and local agency regulations and requirements related to the Covid-19 pandemic. 2. The Open-Air Market may not commence operation until the Arizona Governor’s Executive Order is lifted and shall halt operation if/or when a new Executive Order is enacted related to current Covid-19 pandemic or other events. Page 3 of 4 3. Event year-round hours of operation will be as follows: a. Summer hours: May 1, to September 30, 6 am to 12 pm noon. Sundays 8 am to 12 noon. b. Winter hours: October 1, to April 30, 8 am to 7 pm. Sundays 8 am to 12 noon. 4. Yard Sale/Garage Sales and used personal or household items are prohibited from being sold at an Open-Air Market. 5. All vendors and event organizer(s) shall obtain and maintain an active City Business License. 6. The event organizer(s) shall be responsible to ensure all vendors have and maintain an active City Business License. 7. All Mobile Food Trucks Vendors are subject to the Arizona State House Bill 2371 regulations. 8. The event organizer(s) shall be responsible to ensure all Mobile Food Truck Vendors obtain and maintain an active State License. 9. The event organizer(s) shall report the events to the Maricopa County Environmental Services for food vendor inspections. 10. All temporary signage shall be taken down after each event and is prohibited from being displayed during non- operational hours. 11. Vendor tents shall be secured to the ground or weighted down to prevent harm to patrons during inclement weather. 12. The event organizer(s) shall be responsible to provide trash receptacles or bins and shall maintain the grounds in a clean and orderly matter, and porta johns and hand wash station. 13. The event organizer(s) shall be responsible to provide its own private security. 14. 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. 15. All 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. 16. All conditions specifically stated under any conditional Page 4 of 4 use listed in Zoning Code Chapter 154 shall apply and be adhered to by the owner of the land, his or her successors or assigns. 17. All the special conditions shall be consented to in writing by the applicant. 18. The proposed Open-Air Market operation shall not generate noise, vibrations, and odors that may become a nuisance to the general public. 19. 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 application for a 3-1 vote at the March 9, 2021, Public Hearing. The Commission Member who voted nay had the following concerns; that the site is not maintained in an orderly fashion, referring to the debris and graffiti, that the site does not have enough parking spaces; that adjacent famer markets (Sun City and Surprise) were not aware of this proposal and was concerned that this famer’s market would become a swap-meet. Council Staff will be seeking a final action from Council at the April 6, 2021, Public Meeting. Attachment TAC Review Comments, Application Packet and Luke Review email.