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DEVELOPMENT APPLICATION STAFF REPORT Case Number: PZ22-01-04 Request: Conditional Use Permit Project Name: Simple Box Applicant/Owner: Norris Design (Ron Harris) / Simple Box (Dave Black) Project Address: 10201 N 121st Avenue, El Mirage Arizona 85335 Acreage: 2.10 ac. Considerations: The applicant is requesting the approval of a Conditional Use Permit to stack cargo/shipping containers for his portable storage container business. Per zoning code §154.092.4.b.1. cargo containers shall not be stacked on one another, unless a Conditional Use Permit is obtained. A portion of the site is within the floodplain and floodway where cargo containers are prohibited from being placed in this area. By granting the Conditional Use Permit the applicant will be able to utilize the 2.10-acre site efficiently by stacking the cargo containers. General Plan: The El Mirage 2020 General Plan identifies this site as being in the Commerce/Industry Park Planning Area and is in-compliance with the plan. Zoning & Land Use Per zoning code §154.092.4.b.1. Cargo Containers shall not be stacked on one another, unless a Conditional Use Permit is obtained. ARS 28-8481 Land Use Compatibility The site is located within the Luke Air Force Base Noise Contours Zone and is subject to ARS 28-8481 land use compatibility regulations. Please see the attached review comments letter from Luke Air Force Base. City Staff Review Staff has reviewed the application and finds it to be in compliance with the zoning codes. Stipulations: The Council shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted. The applicant shall consent to the following stipulations in writing and add them to the site plan. 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 chapter 154: Zoning Code, shall apply and be adhered to by the owner of the land, his or her successors or assigns. 4. The proposed use shall not have an adversely affect upon the abutting property. 5. The proposed request of stacking shipping containers shall not generate noise, vibrations, dust, and odors that may become a nuisance to the general public. 6. No cargo containers may be placed, stored or used on property or any area that is within the flood plain or flood way without prior use approval from MCFCD. 7. A periodic review of the site shall be conducted by the El Mirage Development Services Department annually. Planning Commission Reviewed and recommended approval of the conditional Use permit request to the City Council with a 3-0 vote at the January 24th Public Hearing. City Council A final action from City Council is required for the Conditional Use Permit to be granted and for the applicant to proceed with the request. Attachments Zoning Application, TAC Review Comments and Luke AFB Review Letter. Supportive Documents None