Staff Report

City of El Mirage — Regular Meeting (2021-07-08)

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DEVELOPMENT APPLICATION 
 REQUEST REVIEW 
July 8, 2021 
 
APPLICANT INFORMATION 
Case: 
PZ21-03-08 
Owner/Applicant: 
Jose R. Soto  
Agent: 
Shop ALX, LLC 
Request (s): 
Conditional Use Permit – Multi-Family Dwelling Use 
 
 
PROPERTY INFORMATION 
Parcel(s): 
501-46-001H 
Address: 
11733 W. River Road, El Mirage, Arizona 85335 
Property History: 
Suburban Neighborhood 
Land Area: 
.33 ac.   
Building Area: 
Single Family 5,259 sq. ft.  
 
 
ZONING / LAND USES 
Existing Zoning/Land Use: 
Suburban Neighborhood / Single Family Dwelling 
Proposed Zoning/Land Use: 
Mixed Urban / Multi-Family Dwelling 
ARS 28-8481 Zone: 
N/A 
Flood Zone: 
N/A 
  
 
SURROUNDING PROPERTY 
North: 
Suburban Neighborhood 
East: 
Suburban Neighborhood 
South: 
Suburban Neighborhood 
West: 
Suburban Neighborhood 
 
 
COMMUNITY SERVICES 
Water: 
City of El Mirage 
Sewer: 
City of El Mirage  
Electric: 
APS 
Police: 
3.5 Miles 
Fire: 
1.0 Miles 
 
 
ACCESS  
Road: 
River Road 
Class: 
Local 
Improvements: 
Good 
Condition: 
Good 
SCHOOLS 
District: 
Dysart Unified School District 
Elementary: 
Riverview Elementary School 
High School: 
Dysart High School

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STAFF REPORT 
Compliance with General 
Plan: 
The 2020 General Plan designates this area as part of The 
Neighborhoods Planning Area, where the proposed Conditional 
Use Permit for a Multi-Family Use is compatible with the General 
Plan.   
 
City Zoning/Land Use  
Approval of a Conditional Use Permit is required by the 
governing body in a Mixed Urban (MU) zoning District.  
 
ARS 28-8481 Land Use 
Compatibility 
The site is located outside the Luke Air Force Base (LAFB) Noise 
Contour Zone, but inside the Military Airport Territory Area and is 
not subject to review from LAFB for land use compatibility with 
ARS 28-8481. However, LAFB confirmed that the project meets 
their Graduated Density Concept Policy and will not have a 
negative impact on the base’s daily operations.     
 
Considerations: 
The property is located at the southeast corner of River Road 
and Tanya Street surrounded by single family lots. The property 
at one time was a single-family dwelling, then converted into a 
church and thrift store. Both the church and thrift store have 
closed, and the property sat vacant for some time.  The 
property was purchased by the applicant and plans to conv ert 
it into a four (4) dwelling multi-family development.  
 
The applicant plans to sale and remove the modular building 
off the property and convert the remaining buildings into a four 
(4) dwellings. The units range from 725 sq. ft. to 900 sq. ft. and will 
share a washroom for laundry.  
 
The applicant is requesting the approval of a Conditional Use 
permit to proceed with submitting construction plans for staff 
permit review.     
 
The Planning staff has sent out Public Hearing Notifications as 
required by §154.151. E. to the adjacent property owners. As of 
this date staff has not received any public inquiries regarding 
the proposal.  
 
City Staff Review 
Staff has reviewed the proposed zoning applications and has 
no further comments but have stipulations.     
 
Stipulations: 
1. The applicant shall address all the Technical Advisory 
Committee (TAC) comments/redlines stated in the 
March 21, 2021, Memorandum with the construction 
and civil plan submittal.  
2. Consent to the following zoning stipulations.  
a. The right to a use and occupancy permit shall be 
contingent upon the fulfillment of all general and

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special conditions imposed by the Conditional Use 
Permit procedure. 
b. 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. 
c. All conditions specifically stated under any 
conditional 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. 
d. All the special conditions shall be consented to in 
writing by the applicant. 
e. The proposed Multi-Family Use shall not generate 
noise, vibrations, and odors that may become a 
nuisance to the public.  
f. 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 with a 4-0 vote at the June 8, 2021, 
Public Hearing.  
Council  
Staff is seeking a final action.   
 
Attachment 
Application Packet, Technical Advisory Committee Review 
Comments and Luke Review Email.