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PLANNING AND ZONING
Community Development Department
10000 N. El Mirage Road, El Mirage, Arizona 85335
623-876-2996; Fax 623-876-4605; TDD 623-933-3258
www.elmirageaz.gov
MEMORANDUM
TO:
Henry Ruiz & Anthony Carioscia, Fightertown Paintball Park
FROM:
Jose A. Macias, Planner/GIS
Community Development Department, Planning & Zoning
RE:
PZ21-05-15 Fightertown Paintball Park CUP Amendment
DATE:
May 17, 2022
Mr. Carioscia,
Please see the comments from El Mirage Technical Advisory Committee (TAC) for the
proposed Conditional Use Permit for an Outdoor Amusement Use.
BUILDING & SAFETY
1. No comments.
ECONOMIC DEVELOPMENT
2. Economic Development strongly supports this project. The Fightertown Paintball
Park is a unique amenity that attracts people to El Mirage from the Greater
Phoenix area. This will compliment future retail/restaurant developments along El
Mirage Road. The amenity is also a selling point for companies looking to locate
and want amenities for their employees.
ENGINEERING
3. See attached Memorandum.
EPCOR WATER
4. N/A
FIRE DEPARTMENT
5. No comments.
PLANNING & ZONING
6. The Commission shall, in addition to any other conditions, impose the
following general conditions upon every conditional use permit granted.
2
1. 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.
2. 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.
3. 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.
4. All of the special conditions shall be consented to in writing by the
applicant.
5. The resolution granting the application, together with all consent forms,
shall be recorded by the Recorder of Maricopa County.
6. The proposed Outdoor Amusement Use for the paintball park business
shall not generate noise, vibrations, and odors that may become a
nuisance to the public.
POLICE DEPARTMENT
7. No PD issues from my seat. As long as they are PM10 compliant to keep
the dust down I just don’t see any city concerns.
PUBLIC WORKS
8. No additional comments on the revised site plan and parking waiver.
Engineering
Community Development Department
10000 N El Mirage Road, El Mirage 85335
623-972-8116; Fax 623-876-4605; TDD 623-933-3258
www.elmirageaz.gov
MEMORANDUM
TO:
Jose Macias, Planner/GIS
FROM:
Bryce Christo, P.E., Assistant City Engineer
SUBJECT:
Fightertown Paintball Park Conditional Use Permit Amendment Review No. 2
DATE:
05-16-22
Below are the Engineering Division’s comments for the above referenced submittal provided in
May 2022, specifically the attached Parking Narrative and associated Site Plan.
1. The proposed parking area is located within existing City right of way for 121st Avenue,
which is classified as a collector street. If the parking area is approved in any capacity, it
would be on a temporary basis. If 121st Avenue is constructed and extended along the
frontage of the subject property, the parking area will be removed and not replaced.
2. In order to allow parking within the City right of way, the property owner must provide
insurance certificates indemnifying the City per Code Section 151.008 (see attached).
3. Since there is no exit to the south, the parking spaces will have to be 90 degrees to the
drive aisle which shall have a minimum width of 25 feet for two-way traffic.
4. The proposed parking area will need to be surfaced with materials suitable to control dust
and drainage.
5. Parking blocks must be installed at each of the parking spaces. Material used for the
blocks shall be approved by the City prior to installation.
6. The current barricades that restrict vehicles from driving south on 121st Avenue will
either need to be relocated to the south of the proposed parking lot or a second set of
barricades will be required in that location. The barricades shall be equipped with a lock
that can be accessed by emergency services
The above comments are meant to be general in nature and are not considered to be all inclusive.
Additional comments may arise during the formal permit submittal.
25' MIN REQUIRED FOR
TWO WAY TRAFFIC
Print
El Mirage, AZ Code of Ordinances
§ 151.008 TERMS AND CONDITIONS OF ALL ENCROACHMENT PERMITS.
(A) Indemnification. No encroachment permit shall be issued until the permittee has executed
and filed with the city an indemnity agreement satisfactory to the City Attorney. However, in the
event that an encroachment permit is issued and the permittee has not executed and filed the
indemnity agreement, the commencement of work thereunder shall be the permittee’s agreement
to indemnify the city as further set forth herein. The permittee shall be responsible for and
indemnify the city from all claims, demands, expenses, or liability including but not limited to
personal injury and property damage arising out of or related to work performed by the permittee
under the permit, arising out of the failure on the permittee’s part to perform work under the
permit, and arising from or caused by the structures or encroachments placed in, on, or under the
city’s right-of-way. If any claim of such liability is made against the city, its officers, or
employees, the permittee shall defend, indemnify, and hold the city harmless from the claim,
including claims alleging the negligence of the city, its officers, and employees.
(B) Insurance.
(1) No applicant shall be entitled to an encroachment permit unless he or she shall have
filed and maintained on file with the city a certificate certifying that he or she and/or his or her
company or business firm carried public liability and property damage insurance issued by an
insurance carrier authorized to do business in the state, insuring the applicant and the city and its
agents, against loss by reason of injuries to or death of persons, or damages to property arising
out of or related to work performed by the applicant, its agents, or employees while performing
any work under the permit. The insurance shall be primary and provide coverage for all liability
assumed by the applicant under division (A) of this section, and shall be provided by the
permittee in the following minimum amounts:
(a) One million dollars for death of, or injury to, any one person in any one accident;
(b) One million dollars for death of, or injuries to, more than one person in any one
accident; and
(c) One million dollars for damages to property. The city may require higher insurance
coverage when appropriate.
(2) Failure by the applicant to provide the city with such a certificate, and failure by the city
to demand the filing by the permittee of such a certificate before such a permit is issued, shall not
be deemed to waive the permittee’s obligation to provide the insurance. The insurance certificate
shall remain in effect and be kept on file with the city until all work to be performed by the
permittee under the permit has been completed. When an encroachment involves a permanent
obstruction, the insurance certificate requirements shall remain in effect until the construction is
removed. The insurance certificate shall provide that coverage cannot be canceled or expire
without providing ten days’ written notice of the action to the city.
(C) Performance bonds or other financial security. The Department may require as a
condition of issuing any encroachment permit, the applicant to post performance bonds or other
approved financial security to ensure satisfactory completion of any work to be performed in, on,
or under any public place, highway, or right-of-way and to ensure adequate maintenance of
encroachments.
(D) Commencement of work. The permittee shall begin the work or use authorized by a permit
issued pursuant to this chapter within 180 days from date of issuance, unless a different period is
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stated in the permit. If the work or use is not so begun, then the permit shall become void. The
permittee shall complete the work or use authorized by the permit within the time specified in the
permit. Where an encroachment involves a permanent installation or obstruction, conditions so
specified in the permit, license, or other agreement with the city shall remain in effect until the
construction or obstruction is removed.
(E) Term. All permits shall specify the time, not longer than one year, within which work or
construction in the highway must be completed. Permits for continued use of the highway shall
be issued for a specified period of time. All permits may be renewed or extended upon such
terms as are consistent with the provisions of this chapter.
(F) Relocation. Any encroachment including but limited to pipes, conduit, wire, cable,
appurtenances, or other structures or facilities installed or maintained in, on, or under any public
place, right-of-way, or highway, shall be relocated, at the sole expense of the permittee, as may
be necessary to facilitate a public purpose or any city project. The pavement restoration fee shall
be waived by the Public Works Director for any relocation required by the city and is not an
improvement for the owner of the facility. The relocations shall be under the same terms and
conditions as the initial installation allowed pursuant to permit. The Department will not exercise
the right to require the relocation in an unreasonable or arbitrary manner.
(G) Assignment. Encroachment permits shall be applied for by and issued to the person or
company who will make use of the permit and not to the contractor who has been employed to
construct the improvements, provided, however, all contractors and subcontractors who will be
performing work in the highway shall be named and identified in the encroachment permit
application. The rights granted by the permit shall not be assignable without the express prior
written consent of the Department.
(H) Supplemental. The Department may require additional conditions for the issuance of a
permit as are applicable and necessary to meet specific situations, for public safety, and to ensure
compliance with this chapter and all other city, state, or federal regulations.
(I) Acceptance. Acceptance of any permit granted under the provisions of this chapter shall
not become effective until written acceptance thereof shall have been filed by the permittee with
the Department. By accepting this permit, the permittee covenants and agrees to perform and be
bound by each and all of the terms and conditions imposed by the city, and the permit.
(J) Conflict. In the event there is a conflict between the provisions of this chapter and the
provisions contained in a franchise or license granted by the city to an applicant, the provisions
of the franchise or license shall prevail.
(Prior Code, § 18-2-6)
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