Staff Report

DEVELOPMENT APPLICATION 
STAFF REPORT
 
Case Number:  
PZ23-02-06 
Request: Conditional Use permit  
Project Name:  
Agua Fria Commerce Community Park CUP 
Applicant/Owner: 
Alex Hayes, Withey Morris, PLC / 120 El Mirage Partners 
Project Address:  
East of SEC Cactus Street and Main Street  
Acreage:  Unknown  
 
Considerations: 
The applicant is requesting the approval of a conditional use permit (CUP) to 
development the southern portion of the Agua Fria Commerce Park development 
into a neighborhood community park for the local residents of Sundial IV. The 
park will be constructed and maintained by the applicant and will provide a 
valuable amenity to neighbors in the surrounding community. The park will be 
accessed via a pedestrian pathway that connects to the Sundial IV neighborhood. 
The park will be surrounded by a 6’ tall view fence with a pedestrian access gate 
in the northwest corner. 
 
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 
The site is located in the Employment/Industry zoning area with the proposed use 
of a community playfield or park requiring a conditional use permit. Where, a 
review and recommendation from the Planning and Zoning Commission to City 
Council, and where, a final action from the City Council is required for the 
applicant to be granted the permit and where, the applicant can proceed with the 
submittal of the construction documents for review.  
 
ARS 28-8481 Land Use 
Compatibility 
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 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: 
1. The applicant shall consent to and address the Technical Advisory 
Committee (TAC) review comments mentioned in the March 20, 2023, 
memorandum with the submittal of construction documents.  
2. The applicant and the City of El Mirage will complete a development 
agreement to install a gate along the 40’ strip parcel owned by the city and 
for the city to grant an access and utility easement for the two entrances to 
the development. 
 
Planning Commission 
Recommended approval with a 3-0 vote at the March 28th, 2023, meeting. 
(Commissioner Amarillas was excused)   
 
City Council  
Staff will present and seek a final action from the City Council at the April 18, 
2023, public hearing.

Attachments 
Development Application, TAC Comments, Luke AFB Comments and P&Z 
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.