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PLANNING AND ZONING Development Services 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: Ron Harris, Norris Design FROM: Jose A. Macias, Senior Planner Development Services Department, Planning & Zoning RE: PZ22-10-04 Simple Box CUP DATE: January 18, 2023, REVISED Mr. Harris, Please see the comments from the El Mirage Technical Advisory Committee (TAC) for the Conditional Use Permit request. BUILDING & SAFETY 1. No comments for Building Safety on this CUP. ECONOMIC DEVELOPMENT 2. Economic Development reviewed the Site Plan for Simple Box and supports this facility. The need for this type of business is in strong demand. ENGINEERING 3. The “Conditional Use Permit Rationale” Section of the Narrative states “While the plan proposes circulation lane improvements for emergency site access within the Floodplain, the user is restricted from placing any storage container elements within this area by the City of El Mirage under code section 154.090, as well as, by the Maricopa County Flood Control District.” The City’s actual response was “In general, development within or modification of the floodplain is discouraged. Development should be located outside of the 100-year floodplain. If development within the floodplain is necessary, approval from the Flood Control District of Maricopa County via a Floodplain Use Permit is required.” If the FCDMC will allow it, the improvements shall adhere to Code Sections 154.066 and/or 154.067. Code Section 154.090 is not related to developing within the floodplain. FIRE DEPARTMENT 4. Fire Department does not have any comments at this time. PLANNING & ZONING 5. The site plan submitted with the CUP application does not match the approved site plan by Council on April 5th, 2022. The attached site plan will be used for the CUP request. Conditional Use Permit Stipulations 6. The proposed use is in conformance with the El Mirage 2020 General Plan. 2 7. The proposed use shall not have an adversely affect upon the abutting property. 8. The proposed request of stacking shipping containers shall not generate noise, vibrations, dust, and odors that may become a nuisance to the general public. 9. A periodic review of the site shall be conducted by the El Mirage Development Services Department annually. 10. The Council shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted. a. 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. b. 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. c. 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. d. 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. (Code §154.092.4.b.i) e. All of the special conditions shall be consented to in writing by the applicant and incorporated in the site plan. 11. ARS 28-8481 Land Use Compatibility (Luke Air Force Base Review) 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 from Luke Air Force Base. POLICE DEPARTMENT 12. No comment. PUBLIC WORKS 13. No comments nor concerns regarding the Simple Box Conditional Use Permit.