Staff Report

City of El Mirage — Regular Meeting (2023-04-18)

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DEVELOPMENT APPLICATION 
STAFF REPORT
 
Case Number:  
PZ22-09-26 
Request: Rezone Application 
Project Name:  
Agua Fria Commerce Park Rezoning 
Applicant/Owner: 
Alex Hayes, Withey Morris, PLC / 120 El Mirage Partners 
Project Address:  
East of SEC Cactus Street and Main Street  
Acreage:  36.0 ac.  
 
Considerations: 
The applicant is requesting the approval of a re-zoning application to rezone 36-
acres of land 0.2 miles east of the intersection of Cactus Road and Main Street from 
Natural Reserve (NR) to Employment/Industry (E/I) in order to submit a site plan 
application for a RV, boat, and self-storage business. Rezoning the property to 
Employment/Industry would allow a new category of permitted uses that may not 
be in the best interest of the City and its residence and may become a nuisance. 
The applicant and the City of El Mirage will complete a development agreement 
to limit certain uses permitted in the Employment/Industry zoning district that have 
an intensive use. 
 
General Plan 
Compliance:  
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 §154.153.A,  In accordance with the provisions of Arizona Revised Statutes, 
the City Council may from time to time change the zoning of parcels of land within 
the municipality. These changes in zoning classification are for the purpose of 
meeting the land use needs of the residents of the city in conformance with the 
city’s general plan. Rezonings may be initiated by the City Council, the Planning 
and Zoning Commission, the owner of property proposed for rezoning, the lessee 
having a leasehold interest of not less than five years exclusive of an option to 
renew, or the agent of any of the foregoing, duly authorized in writing, or by 
petition of the person whose property would be affected by the rezoning. The 
property owner has initiated the re-zoning of the vacant land along the Agua Fria 
riverbed in order to develop the property into a RV, boat, and self-storage business.  
 
ARS 28-8481 Land Use 
Compatibility 
A portion of the site is located within the Luke Air Force Base (LAFB) Noise 
Contour Zone and is subject to review from LAFB for land use compatibility with 
ARS 28-8481. See the attached email and review letter from the base.       
 
City Staff Review 
Staff has reviewed the application and finds it to be in compliance with the zoning 
code requirements. 
 
Stipulations: 
The applicant and the City of El Mirage will complete a development agreement 
to limit certain uses permitted in the Employment/Industry (E/I) zoning district that 
have an intensive use. 
 
Planning Commission 
Staff is presenting and will seek a recommendation to the City Council at the March 
28th special public hearing.

City Council  
Staff will present and seek a final action from the City Council at the April 18, 
2023, public hearing.   
 
Attachments 
Resolution R23-04-03, Exhibit A, Development Application, TAC Comments, 
Luke AFB Comments and P&Z March 28th Meeting Minutes.  
 
Supportive Documents 
The supportive documents are available for review during the City of El Mirage's 
regular business hours in the Development Services Department Planning and 
Zoning Division.