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November 6, 2024
MCP240004
Page 1 of 5
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
November 6, 2024
Case #/Title:
MCP240004 – Justice Bros. Ranch Desert Farm Lights
Supervisor District:
4
Applicant/Owner:
RT Selwyn Justice / Justice Living Trust
Request:
Military Compatibility Permit (MCP) for an annual seasonal outdoor
festival grounds in the Rural-43 MAAMF zoning district
Site Location:
Generally located at the SEC of 151st Ave. & Peoria Ave. in the west
Glendale / Waddell area
Site Size:
Approximately 60 acres
County Island Status:
N/A
Additional
Comments:
The property owner proposes a seasonal festival ground held
annually between November 15 and December 31. The property is
located within the Luke AFB 1988 70 and 75 Ldn, “high noise or
accident potential zone” as identified by A.R.S. § 28-8461, thus
necessitating the need for an MCP. Upon completion of the event,
the event site will be restored to its existing agricultural use. The
proposed temporary annual holiday event will take place on the
northern 20 acres of parcel 501-42-006, with the designated parking
area located within the northernmost section of these 20 acres,
bounded by 151st Avenue and Peoria Avenue. a Use Compatibility
Consistency Determination (UC20240008) from Luke Air Force
Base, dated July 1, 2024, confirming that the proposed event is
compatible with A.R.S. § 28-8481 allowing a “community and
regional” outdoor recreation events within high noise or accident
potential zones 65-69 and 70-74 on an annual basis. Multiple
annual events on a more permanent basis would be incompatible.
If approved, a strong notification program on the part of the
applicant is essential to inform patrons about Luke AFB operations.
LAFB signoff on UC20240008 was confirmed via email dated
September 16, 2024.
There are no outstanding concerns from reviewing agencies. There
is no known opposition. The site is in the City of Glendale’s
municipal planning area designated for Military Compatible land
uses in the City’s plan. The City has not commented.
November 6, 2024
MCP240004
Page 2 of 5
The Commission hearing for this case will be held October 24. This
report is being provided as a ‘double advertisement’ to ensure a
recommendation by the commission is provided to the Board prior
to the anticipated opening day for the festival ground on November
15, 2024. As of the writing of this report, the Commission hearing
has not occurred, the recommendation of the Commission will be
presented in a handout memo and will be presented at the
November 6, 2024 Board hearing.
Staff
Recommendation:
Staff recommendation to the Commission is to approve
MCP2024004 subject to conditions ‘a’ – ‘i’:
a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Justice Brothers Desert Farm Lights”, consisting of 1 full-size page, dated 4/16/2024, and
stamped received 8/25/2024 except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Justice Brothers Ranch – Desert Farm Lights”, consisting of 4 pages, dated
9/17/2023, and stamp received 9/17/2023, except as modified by the following
conditions.
c.
The following Planning Engineering condition shall apply:
1.
Dust control measures for the site and parking areas will include surfacing with
wood chips with regular watering by water truck(s) for the project.
2.
Applicant will be required to get a dust control permit through Department of Air
Quality Maricopa County.
3.
Applicant shall contact the City of Surprise to connect to Northern half width street
of Peoria Avenue.
4.
Applicant shall contact City of Glendale regarding access, right-of-way, and required
improvements to 151st Avenue.
5.
The site (lighting and display areas) will be restored to its agricultural use when the
event is completed.
6.
The proposed development will not increase the peak rate of runoff from the site,
will not alter the historic flow of runoff and will not create and adverse impact to
the site or surrounding properties.
d.
The following Maricopa County Environmental Services Department (MCESD) conditions
shall apply:
1.
Food sales/service taking place from a food truck or cart, require a Mobile Food
operating permit with the MCESD Environmental Health Program. A commissary
will be required for approval. Operators must submit a Mobile Food Establishment
Permit application.
November 6, 2024
MCP240004
Page 3 of 5
2.
For any temporary or seasonal events that will be taking place on site, a
Temporary/Seasonal Food Establishment Permit will be required for each
temporary food booth. Special event coordinators must submit a Special Event
Coordinator form to MCESD Environmental Health program.
3.
Portable toilets for temporary events shall comply will all requirements of MCESD.
e.
Development of the site shall not include any livable structures.
f.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
g.
The applicant is required to inform all patrons that the festival grounds are located within
the state-defined “territory in the vicinity of a military airport” with the following language:
“You are attending an event on property located within the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. You will be subject to direct over flights
and noise by Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft
transient to and from the Barry M. Goldwater Gunnery Range and other flight training
areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast
sky conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours
and during most weekends.
Such notification shall be displayed on the website and all on-line portals for ticket sales,
be permanently posted on not less than a 3 foot by 5 foot sign in front of the parking lot
entrance, be posted at ticket booths and at the pedestrian entrance to the event on not
less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and
restrictions (CC&Rs) as well as the Public Report and conveyance documents.
h.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the MCP. The MCP enhances
the value of the property above its value as of the date the MCP is granted and reverting
to the prior zoning results in the same value of the property as if the MCP had never been
granted.
November 6, 2024
MCP240004
Page 4 of 5
i.
The Temporary Event or Special Event shall adhere to the Board of Supervisors Resolution,
December 1980 as applicable which establishes guidelines and conditions for temporary
uses. The following conditions shall apply:
Security
1.
At least one patrolman or security guard for every 500 persons in attendance.
Access to Event
2.
The applicant shall provide adequate ingress and egress to the premises and parking
areas. Traffic guards shall be employed to ensure orderly traffic movement and relieve
traffic congestion onto public rights-of-way.
Water and Wastewater
3.
The applicant shall provide an ample supply of water for drinking and sanitation purposes.
The quality and quantity of water and location of facilities shall be approved by the
Maricopa County Environmental Services Department.
4.
Supplemental toilet facilities must be provided for every special event. At least one closed
toilet facility marked MEN and at least one closed toilet marked WOMEN shall be
provided. A toilet for each 40 males and for each 40 females expected to attend the event
may be required; the number and location of toilets shall be approved by the Maricopa
County Environmental Services Department.
Concessions
5.
Concessionaries must be licensed. The quality and quantity of food and location of
concessions shall be approved by the Maricopa County Environmental Services
Department.
Refuse
6.
At least one trash can with 32 gallons capacity for every 25 persons expected to be in
attendance shall be provided. Trash and refuse disposal shall be pursuant to procedures
established by the Maricopa County Environmental Services Department.
Outdoor Lighting
7.
Temporary uses conducted after dark shall provide lighting to ensure public areas are
adequately illuminated. All outdoor lighting shall be shielded so that it is directed
downward below the horizontal plane of the fixture and does not trespass onto adjacent
properties.
Camping
8.
No overnight camping is allowed with this Military Compatibility Permit.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachment:
10/24/24 P&Z Packet (21 pages)
November 6, 2024
MCP240004
Page 5 of 5
Note:
10/24/24 Draft P&Z Minutes are not available as of the writing of this report but can be
provided upon request later when available.
MCP240004
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
MCP240004 – Justice Bros. Ranch Desert Farm Lights
Hearing Date:
October 24, 2024
Supervisor District:
4
Applicant:
RT Selwyn Justice
Owner:
Justice Living Trust
Request:
Military Compatibility Permit (MCP) for an annual seasonal outdoor festival
grounds in the Rural-43 MAAMF zoning district
Site Location:
Generally located at the SEC of 151st Ave. & Peoria Ave. in the west
Glendale / Waddell area
Site Size:
Approximately 60 acres
Density:
N/A
County Island:
No
County Plan:
White Tank Grand Ave. Area Plan – Military Compatible
Municipal Plan:
Glendale – Luke Compatible Land Use Area
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
MCP240004
Page 2 of 9
Project Summary:
1.
RT Selwyn Justice has submitted a request for a MCP to allow a seasonal festival ground held
annually between November 15 and December 31. No permanent land use change is being
requested and no permanent structures will be constructed. The property is located within the
Luke AFB 1988 70 and 75 Ldn, “high noise or accident potential zone” as identified by A.R.S. § 28-
8461, thus necessitating the need for an MCP. Upon completion of the event, the event site will
be restored to its existing agricultural use.
2.
The proposed temporary annual holiday event will take place on the northern 20 acres of parcel
501-42-006, with the designated parking area located within the northernmost section of these
20 acres, bounded by 151st Avenue and Peoria Avenue. The event’s attendants will direct
attendees to and from the parking area. Attendees will access the event parking by turning south
onto Reems Road from Peoria Avenue, approximately 3/4 mile west of the event site. From
Reems Road, they will proceed 3/4 mile south to Hatcher Road, then head 3/4 mile east to 151st
Avenue. Upon reaching 151st Avenue, attendees will turn north and continue to the parking
entrance on the east side of 151st Avenue, where they will turn right into the parking area. Exiting
the event, attendees will leave the parking area directly onto Peoria Avenue. The applicant will be
responsible for coordinating and securing right-of-way permits from the City of Surprise for
access to the northern half width street of Peoria Ave and City of Glendale for access to 151st
Ave.
3.
The hours of operation will be from 5pm to 10pm. Temporary structures will include walk-through
holiday-themed LED light displays, food trucks and concession stands, a pop-up ice skating rink,
a carnival slide, bungee trampolines, bounce houses, train rides, photo opportunities, liquor
vendors (pending approval of applications for liquor licensure submitted to the Board of
Supervisors), a mothers' room and portable restrooms. A first aid station will be provided within
the event area, as will a "low-sensory tent" for attendees with sensitivities to light and noise.
Various other holiday-themed amenities will be provided as well. Temporary fencing will be placed
surrounding the perimeter and inside the event, marquee tents and aforementioned activities
spread throughout the event site.
4.
The applicant has secured a Use Compatibility Consistency Determination (UC20240008) from
Luke Air Force Base, dated July 1st, 2024, confirming that the proposed event is compatible with
A.R.S. § 28-8481 allowing a “community and regional” outdoor recreation events within high noise
or accident potential zones 65-69 and 70-74 on an annual basis. Multiple annual events on a more
permanent basis would be incompatible. If approved, a strong notification program on the part of
the applicant is essential to inform patrons about Luke AFB operations. LAFB signoff on
UC20240008 was confirmed via email dated September 16, 2024.
5.
The event setup, activities, and teardown will all occur within a limited timeframe, specifically
prior to November 15th and after December 31st, because no permanent infrastructure is
required to support the event. As there is no construction, development, or multi-stage process
involved, and the event is temporary in nature, a specific development schedule is not needed.
The entire event will be executed in a single, continuous operation. Fire protection is provided by
RMFD and police protection is provided by MCSO. Off-duty police will be present onsite to ensure
security. Rural Metro Fire Station 833 is approximately four miles southwest of the event location.
The Maricopa County Sheriff’s Office – District III Substation is located approximately six miles
northeast of the event location. Drinking water stations, portable restrooms, first aid station,
mothers' room, and a "low-sensory tent" for attendees will be provided within the event area.
MCP240004
Page 3 of 9
Surrounding RU-43 Zoning Districts & LDN Noise Contours
MCP240004
Page 4 of 9
Aerial photo
MCP240004
Page 5 of 9
Proposed Site Plan
MCP240004
Page 6 of 9
Existing On-Site and Adjacent Zoning / Land Use:
7.
On-site: Rural-43 MAAMF/ Agriculture
North: Peoria Ave then City of Surprise PAD / Vacant
South: City of Glendale PAD / Warehouse
East:
Rural-43 MAAMF/ Agricultural
West: 151st Ave then City of Glendale PAD / Vacant
Utilities and Services:
8.
Water:
Private well
Wastewater:
Portable toilets for temporary events
Fire:
Rural Metro Fire Department
Police:
MCSO
Right-of-Way:
9.
151st Ave under the jurisdiction of City of Glendale and Peoria Ave under the jurisdiction of City of
Surprise. There is no County maintained right-of-way to the site.
Adopted Plans:
10.
White Tank Grand Avenue Area Plan (adopted December 2000): The property is designated
Military Compatible area.
11.
Glendale General Plan (adopted February 2016): The property is designated Luke Compatible
Land Use area.
Public Participation Summary:
12.
The applicant complied with the Maricopa County Public Participation Process with the required
posting of the property and notification by first class mail to the adjacent property owners within
300’ of the subject site and interested parties. No activity was reported by the applicant. Staff has
not received any calls or correspondence to the request. There is no known opposition. Through
the Technical Advisory Committee (TAC) staff sent case materials to the City of Glendale and City
of Surprise for review and comment. Staff did not receive comments from either municipality.
Outstanding Concerns from Reviewing Agencies:
13.
N/A
Staff Analysis:
14.
Staff finds this MCP request for the proposed usage an acceptable use for the area and
compatible with the Luke AFB mission. Luke AFB issued an email dated July 10, 2023 stating the
proposed case would not negatively impact the flying operations of Luke AFB and the proposed
use is compatible and consistent with the high noise or accident potential of the military airport
or ancillary military facility for a single annual event. The area surrounding the event site is
predominantly rural or industrial warehouses, with no schools, parks, community centers, or other
public facilities or residential areas nearby. County reviewing agencies have no objections, and
no opposition has been received to date by neither the applicant nor staff.
MCP240004
Page 7 of 9
Recommendation:
15.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve MCP240004 subject to the following conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Justice Brothers Desert Farm Lights”, consisting of 1 full-size page, dated 4/16/2024, and
stamped received 8/25/2024 except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Justice Brothers Ranch – Desert Farm Lights”, consisting of 4 pages, dated
9/17/2023, and stamp received 9/17/2023, except as modified by the following
conditions.
c.
The following Planning Engineering condition shall apply:
1.
Dust control measures for the site and parking areas will include surfacing with
wood chips with regular watering by water truck(s) for the project.
2.
Applicant will be required to get a dust control permit through Department of Air
Quality Maricopa County.
3.
Applicant shall contact the City of Surprise to connect to Northern half width street
of Peoria Avenue.
4.
Applicant shall contact City of Glendale regarding access, right-of-way, and required
improvements to 151st Avenue.
5.
The site (lighting and display areas) will be restored to its agricultural use when the
event is completed.
6.
The proposed development will not increase the peak rate of runoff from the site,
will not alter the historic flow of runoff and will not create and adverse impact to
the site or surrounding properties.
d.
The following Maricopa County Environmental Services Department (MCESD) conditions
shall apply:
1.
Food sales/service taking place from a food truck or cart, require a Mobile Food
operating permit with the MCESD Environmental Health Program. A commissary
will be required for approval. Operators must submit a Mobile Food Establishment
Permit application.
2.
For any temporary or seasonal events that will be taking place on site, a
Temporary/Seasonal Food Establishment Permit will be required for each
temporary food booth. Special event coordinators must submit a Special Event
Coordinator form to MCESD Environmental Health program.
3.
Portable toilets for temporary events shall comply will all requirements of MCESD.
e.
Development of the site shall not include any livable structures.
MCP240004
Page 8 of 9
f.
All buildings subject to noise attenuation as per ARS § 28-8482(B).
g.
The applicant is required to inform all patrons that the festival grounds are located within
the state-defined “territory in the vicinity of a military airport” with the following language:
“You are attending an event on property located within the ‘vicinity of a military airport’ as
described by State of Arizona statute ARS §28-8481. You will be subject to direct over
flights and noise by Luke Air Force Base jet aircraft in the vicinity.
Luke Air Force Base executes over 200,000 flight operations per year, at an average of
approximately 170 overflights per day. Although Luke's primary flight paths are located
within 20 miles from the base, jet noise will be apparent throughout the area as aircraft
transient to and from the Barry M. Goldwater Gunnery Range and other flight training
areas.
Luke Air Force Base may launch and recover aircraft in either direction off its runways
oriented to the southwest and northeast. Noise will be more noticeable during overcast
sky conditions due to noise reflections off the clouds.
Luke Air Force Base's normal flying hours extend from 7:00 a.m. until approximately
midnight, Monday through Friday, but some limited flying will occur outside these hours
and during most weekends.
Such notification shall be displayed on the website and all on-line portals for ticket sales,
be permanently posted on not less than a 3 foot by 5 foot sign in front of the parking lot
entrance, be posted at ticket booths and at the pedestrian entrance to the event on not
less than an 8½ inch by 11 inch sign, and be included in all covenants, conditions, and
restrictions (CC&Rs) as well as the Public Report and conveyance documents.
h.
The granting of this change in use of the property has been at the request of the applicant,
with the consent of the landowner. The granting of this approval allows the property to
enjoy uses in excess of those permitted by the zoning existing on the date of application,
subject to conditions. In the event of the failure to comply with any condition, the property
shall revert to the zoning that existed on the date of application. It is, therefore, stipulated
and agreed that either revocation due to the failure to comply with any conditions, does
not reduce any rights that existed on the date of application to use, divide, sell or possess
the property and that there would be no diminution in value of the property from the value
it held on the date of application due to such revocation of the MCP. The MCP enhances
the value of the property above its value as of the date the MCP is granted and reverting
to the prior zoning results in the same value of the property as if the MCP had never been
granted.
i.
The Temporary Event or Special Event shall adhere to the Board of Supervisors Resolution,
December 1980 as applicable which establishes guidelines and conditions for temporary
uses. The following conditions shall apply:
Security
1.
At least one patrolman or security guard for every 500 persons in attendance.
Access to Event
MCP240004
Page 9 of 9
2.
The applicant shall provide adequate ingress and egress to the premises and
parking areas. Traffic guards shall be employed to ensure orderly traffic movement
and relieve traffic congestion onto public rights-of-way.
Water and Wastewater
3.
The applicant shall provide an ample supply of water for drinking and sanitation
purposes. The quality and quantity of water and location of facilities shall be
approved by the Maricopa County Environmental Services Department.
4.
Supplemental toilet facilities must be provided for every special event. At least one
closed toilet facility marked MEN and at least one closed toilet marked WOMEN shall
be provided. A toilet for each 40 males and for each 40 females expected to attend
the event may be required; the number and location of toilets shall be approved by
the Maricopa County Environmental Services Department.
Concessions
5.
Concessionaries must be licensed. The quality and quantity of food and location of
concessions shall be approved by the Maricopa County Environmental Services
Department.
Refuse
6.
At least one trash can with 32 gallons capacity for every 25 persons expected to be
in attendance shall be provided. Trash and refuse disposal shall be pursuant to
procedures established by the Maricopa County Environmental Services
Department.
Outdoor Lighting
7.
Temporary uses conducted after dark shall provide lighting to ensure public areas
are adequately illuminated. All outdoor lighting shall be shielded so that it is directed
downward below the horizontal plane of the fixture and does not trespass onto
adjacent properties.
Camping
8.
No overnight camping is allowed with this Military Compatibility Permit.
Presented by:
Daniel Johnson, Planner
Reviewed by:
Rachel Applegate, Senior Planner
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 1 page)
Narrative Report (4 pages)
PND Engineering comments (3 pages)
MCESD comments (1 page)
Luke AFB UCCD (2 pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 59 approx.
Generated October 15, 2024 2:55 PM
MCP240004
Application Name:
Legal Description
Justice Brothers Ranch - Desert Farm Lights
Applicant
Case Address
3N 1W 29
R.T. Justice
14811 W PEORIA AVE
Applicant Phone/Email
Parcel Primary:501-42-006
(602) 463-8469
rtselwynjustice@gmail.com
WADDELL, AZ 85355
Map scale 1:6,478
Supervisor District No.
The purpose of this request is to obtain approval to operate an annual temporary holiday community and
regional outdoor recreation event from November 15th to December 31st.
Maricopa
County
THIS IS NOT A LEGAL SURVEY, NOR IS IT INTENDED TO BE OR REPLACE ONE
This work product represents only generalized locations of
features, objects or boundaries and should not be relied upon
as being legally authoritative for the precise location of any
feature, object or boundary.
14629 W Peoria Ave
Waddell, AZ, 85355
Scale:1"=100'
Parcel No. (APN) 501-42-006
Land Use
AGRICULTURAL
FARMS, CROPS
Main Lot Area
2,621,005 SF (60.17 ACRES)
Approx. area shown on this site plan
+/-19 ACRES
N
S
W
E
Date:04-16-2024
Size:11"x17"
Sheet 1 of 1
0'
50'
100'
200'
1"=100'
30'
10'
300'
400'
275'
225'
40'
100'
50'
30'
550'
20'
40' typ
600' typ
Property Line
Property Line
Property Line
Parcel No. (APN) 501-42-006
501-42-005
Fence
Fence
Fence
Fence
N 151ST AVENUE
W PEORIA EVENUE
Access
EXIT
PARKING ROW
PARKING ROW
PARKING ROW
PARKING ROW
PARKING ROW
PARKING ROW
PARKING ROW
PARKING ROW
PARKING ROW
50 Handicap Parking Spaces
6'
10'
Exit
Entrance
Restroom
Restroom
10'x10'
Coco Tent
10'x10'
Beer &
Wine Tent
5'x5'
200 AMP Transformer
Ice
Rink
LIGHT
MAZE
5'x5' Tent
Mother's Room
5'x5' Tent
Sensory Tent
Welcome/Help Desk/
First Aid Area
Existing
Elements/Structures/Mobile
Existing Ditch
Existing Ditch
Existing Ditch
N 151ST AVENUE
EXIT PATH
619.2'
1214'
Property Line Continues
Property Line Continues
Property Line Continues
TOTAL PARKING SPACES: 895
845 REGULAR
50 HANDICAP
78.8'
78.8'
FOOD
TRUCKS
400'
Justice Brothers Desert Farm Lights MCP240004
MCP240004 RCVD 8/25/23
Page 1
CLARKHILL\L7548\490377\278902992.v2-9/17/24
Narrative Report
A.
Title Page
Project Name:
Justice Brothers Ranch – Desert Farm Lights 9/17/2023
Location:
14629 West Peoria Avenue, Waddell, Arizona 85355
Case/Tracking #:
MCP240004
Vicinity Map:
MCP240004 RCVD 9/17/2023
Page 2
CLARKHILL\L7548\490377\278902992.v2-9/17/24
B.
Purpose of Request
The purpose of this request is to obtain approval to operate an annual temporary holiday
community and regional outdoor recreation event from November 15th to December 31st.
C.
Description of Proposal
The annual temporary holiday event is a walk-through Christmas festival featuring light displays
and various holiday-themed entertainment amenities.
The Christmas festival, will be held daily from 5:00 p.m. until 10:00 p.m., beginning November
15th and ending December 31st.
No zoning change is being requested and no permanent structures will be constructed. Upon
completion of the event, the event site will be restored to its existing agricultural use.
The festival will employ approximately 80 employees and vendors.
Temporary amenities onsite will include walk-through holiday-themed LED light displays, food
trucks and concession stands, a pop-up ice skating rink, a carnival slide, bungee trampolines,
bounce houses, train rides, photo opportunities, liquor vendors (pending approval of applications
for liquor licensure submitted to the Clerk of the Board of Supervisors), a mothers' room, portable
restrooms. A first aid station will be provided within the event area, as will a "low-sensory tent"
for attendees with sensitivities to light and noise. Various other holiday-themed amenities will be
provided as well. Fire protection is provided by Rural Metro Fire Department (“RMFD”) and
police protection is provided by Maricopa County Sheriff's Office (“MCSO”). Off-duty police
will be present onsite to ensure security.
Temporary fencing will be placed surrounding the perimeter and inside the event, marquee tents
and aforementioned activities spread throughout the event site.
D.
Relationship to Surrounding Properties
The proposed agricultural tourism (agritourism) event will significantly benefit the surrounding
agricultural properties by providing economic diversification and stabilizing farm incomes, which
can, in turn, enhance land values and protect farmland from non-agricultural development. B y
promoting local products and fostering community engagement, the event will cultivate stronger
support for sustainable farming practices. Moreover, it will drive infrastructure improvements and
create educational opportunities that increase awareness of agriculture's importance, ultimately
contributing to the sustainability and vitality of the surrounding agricultural community.
The recent development of industrial warehouses in the area highlights the urgent need for the
agricultural community to diversify their operations to remain a viable and enduring part of the
community. As industrialization encroaches on traditional farming areas, it is increasingly
important for agricultural operations to adapt and evolve. The proposed temporary annual holiday
event will provide an alternative income stream through direct-to-consumer sales, enhancing the
Page 3
CLARKHILL\L7548\490377\278902992.v2-9/17/24
economic resilience of existing agricultural operations. This diversification not only helps protect
the agricultural community from the pressures of industrial development but also ensures that
farming remains an integral and sustainable feature of the surrounding community, preserving its
rural character and agricultural heritage for future generations.
E.
Location and Accessibility
The proposed temporary annual holiday event will take place on the northern 20 acres of parcel
501-42-006, with the designated parking area located within the northernmost section of these 20
acres, bounded by 151st Avenue and Peoria Avenue. Attendees will access the event parking by
turning south onto Reems Road from Peoria Avenue, approximately 3/4 mile west of the event
site. From Reems Road, they will proceed 3/4 mile south to Hatcher Road, then head 3/4 mile east
to 151st Avenue. Upon reaching 151st Avenue, attendees will turn north and continue to the
parking entrance on the east side of 151st Avenue, where they will turn right into the parking area.
Exiting the event, attendees will leave the parking area directly onto Peoria Avenue.
F.
Relationship to State Statute
The proposal complies with both A.R.S. § 28-8481 and Chapter 10, Section 1010 of the Maricopa
County Zoning Ordinance, as it requests permission for an annual temporary community and
regional outdoor recreation event within the high noise or accident potential zone 70-74.
A.R.S. § 28-8481 and Chapter 10, Section 1010 of the Maricopa County Zoning Ordinance
specifically allow “community and regional” outdoor recreation events within high noise or
accident potential zones 65-69 and 70-74.
The proposed annual temporary holiday event qualifies as a community and regional outdoor
recreation event. The portion of parcel 501-42-006, where the event will be held, is situated within
the high noise or accident potential zone 70-74. Therefore, the proposal is compliant with A.R.S.
§ 28-8481 and Chapter 10, Section 1010 of the Maricopa County Zoning Ordinance, which permits
community and regional outdoor recreation events in this zone.
Additionally, the applicant has secured a Use Compatibility Consistency Determination from Luke
Air Force Base, confirming that the proposed event is compatible with A.R.S. § 28-8481.
Moreover, the proposal would also have met the requirements for a temporary event permit under
Chapter 13, Section 1302.2 of the Maricopa County Zoning Ordinance, if it were not located within
the Military Airport and Ancillary Military Facility Overlay. Notably, Maricopa County granted a
temporary use permit for this event in 2023.
Further, a robust notification program will be implemented to inform attendees about Luke AFB
operations. This will include signage at venue entrances, notices on the venue's website, and clear
communication in the terms of admission.
G.
Circulation System
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CLARKHILL\L7548\490377\278902992.v2-9/17/24
The event's access plan is straightforward and attendants will direct attendees to and from the
parking area. Attendees will access the event by following a simple route: turning south onto
Reems Road from Peoria Avenue, proceeding south to Hatcher Road, heading east to 151st
Avenue, and then turning north to reach the parking entrance. The parking area is conveniently
located within the northernmost section of the event site, with an exit directly onto Peoria Avenue.
This logical and uncomplicated flow eliminates the need for a detailed circulation model, as the
planned routes are sufficient to manage the temporary increase in traffic, ensuring smooth and
efficient access to and from the event.
H.
Development Schedule
Phasing is unnecessary for the proposed temporary annual holiday event on the northern 20 acres
of parcel 501-42-006 because the event is short in duration and confined to a specific area with
well-defined boundaries. The event setup, activities, and teardown will all occur within a limited
timeframe, specifically prior to November 15th and after December 31st, because no permanent
infrastructure is required to support the event. As there is no construction, development, or multi-
stage process involved, and the event is temporary in nature, a specific development schedule is
not needed. The entire event will be executed in a single, continuous operation.
I.
Community Facilities and Services
There are no community facilities and services in the immediate vicinity of the proposed temporary
annual holiday event on the northern 20 acres of parcel 501-42-006. The area surrounding the
event site is predominantly rural or industrial warehouses, with no schools, parks, community
centers, or other public facilities nearby.
Rural Metro Fire Station 833 is approximately four miles southwest of the event location. The
Maricopa County Sheriff’s Office – District III Substation is located approximately six miles
northeast of the event location.
J.
Public Utilities and Services
Fire protection is provided by RMFD and police protection is provided by MCSO. Off-duty police
will be present onsite to ensure security. Rural Metro Fire Station 833 is approximately four miles
southwest of the event location. The Maricopa County Sheriff’s Office – District III Substation is
located approximately six miles northeast of the event location.
Drinking water stations, portable restrooms, first aid station, mothers' room, and a "low-sensory
tent" for attendees will be provided within the event area.
K.
Other Information
Not applicable.
James Philbin, P.E.
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 372-4362
Fax: (602) 506-8762
www.maricopa.gov/planning
Email address:
James.Philbin@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
September 17, 2024
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Daniel Johnson, Planner, Planning & Development Services
cc:
Bob Fedorka, PE, Engineering Manager, Planning & Development
From:
James Philbin, PE, Plans Examiner Engineer, Planning & Development
Subject:
MCP240004 –Justice Bros. Ranch- Desert Farm Lights (SUP)
APN(s):
501-42-006
Engineering Review has reviewed the first plan and report routed for review on
08/16/2024, for the subject application and has no objections with the following
stipulations:
The following stipulations will apply:
1. Dust control measures for the site and parking areas will include surfacing
with wood chips with regular watering by water truck(s) for the project.
2. Applicant will be required to get a dust control permit through Department of
Air Quality Maricopa County
3. Applicant shall contact the City of Surprise to connect to Northern half width
street of Peoria Avenue.
4. Applicant shall contact the City of Glendale regarding access, Right-of-Way,
and required improvements to 151st Avenue.
5. The site (lighting display and parking areas) will be restored to its agricultural
use when the event is completed.
6. The proposed development will not increase the peak rate of runoff from the
stie, will not alter the historic flow of runoff and will not create an adverse
impact to the site or surrounding properties.
Please contact me with any questions.
Page 2 of 3
DRAINAGE PLAN REVIEW REFERENCES:
The Drainage Regulations are listed in Section 1205 of the MCZO:
https://www.maricopa.gov/documentcenter/view/272
Maricopa County Drainage Policies and Standards Manual:
https://www.maricopa.gov/DocumentCenter/Home/View/2369
For Additional Information See:
https://www.maricopa.gov/1635/Drainage-Review
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES:
Floodplain Regulations for Maricopa County:
https://www.maricopa.gov/DocumentCenter/View/630
For Additional Information See:
https://www.maricopa.gov/3847/Flood-Control-District
PND TRANSPORTATION REFERENCES:
Residential Driveway Guidelines
https://www.maricopa.gov/documentcenter/view/362
Roadway Design Manual
http://www.mcdot.maricopa.gov/DocumentCenter/View/24883
Maricopa County Resolution for ROW Permits
https://www.maricopa.gov/documentcenter/view/364
For Additional Information See:
https://www.maricopa.gov/156/MCDOT
PND STORMWATER QUALITY (SWPPP) REFERENCES:
Storm Water Quality Management and Discharge Control Regulation
https://www.maricopa.gov/DocumentCenter/View/6577
Air Pollution Control Regulations Rule 310
https://www.maricopa.gov/DocumentCenter/View/5354
For Additional Information See:
https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste
Page 3 of 3
Abbreviations Key:
Drainage:
DD =
Department Directive (See: http://www.maricopa.gov/1911/Department-
Directives)
MCZO =
Maricopa County Zoning Ordinance
DPSM = Maricopa County Drainage Policies and Standards
SSA =
State Standard Attachment
DDMV1= Maricopa County Drainage Design Manual – Hydrology
DDMV2 = Maricopa County Drainage Design Manual – Hydraulics
Flood Control:
FRMC =
Floodplain Regulations for Maricopa County
PND Transportation:
RDM =
MCDOT Roadway Design Manual
RDG =
MCDOT Residential Design Guidelines
MSRP = MCDOT Major Streets and Routes Plan
PND Storm Water:
SWMDCR=
Maricopa County Storm Water Quality Management and Discharge
Control Regulation
DDMV3= Maricopa County Drainage Design Manual – Erosion Control
APCR=
Maricopa County Air Pollution Control Regulations – Rule 310
Page | 1
Subdivision
Infrastructure
& Planning Program
301 W. Jefferson St.
Phoenix, AZ 85003
Subdi vi sio n@mari co pa.go v
esd.mar i co pa.go v
The Maricopa County Environmental Services Department (MCESD) has completed review
for the Justice Brothers Ranch - Desert Farm Lights planning case(s). Please note the
following MCESD requirements for site development:
Environmental Health –
Food sales/service taking place from a food truck or cart, require a Mobile Food operating
permit with the MCESD Environmental Health Program. A commissary will be required for
approval. Operators must submit a Mobile Food Establishment Permit application.
For any temporary or seasonal events that will be taking place on site, a
Temporary/Seasonal Food Establishment Permit will be required for each for each
temporary food booth. Special event coordinators must submit a Special Event Coordinator
form to MCESD Environmental Health program.
For Environmental Health related questions, please call (602) 506-6824.
Additional Notes –
*It should be noted that this document does not approve the referenced project. Comments are provided
for the benefit of the applicant for MCESD permit requirements and as an advisory to Maricopa County
Planning and Development Department. Other Maricopa County agencies may have additional
requirements. Final review and approval will be made through Planning and Development Department
procedures. Applicant may need to submit separate applications to the Maricopa County Environmental
Services Department for approval of proposed facilities regulated by the Department. Review of any such
application will be based on current regulations at the time of application.
Project Name: Justice Brothers Ranch -
Desert Farm Lights
Primary Contact Name: R.T. Justice
Planning Application Type: Military
Compatibility Permit
APN(s): 501-42-006
Reviewer: Ryan Hall, P.E.
Email: Ryan.Hall@maricopa.gov
Phone: 602-918-1241
Planner Name: Daniel Johnson
Planning Case #: MCP240004
Date: September 16, 2024
Water and Waste Management Division
DEPARTMENT OF THE AIR FORCE
AIR EDUCATION AND TRAINING COMMAND
1 July 2024
Mr. Christopher P. Toale
Director, Community Initiatives Team
56th Fighter Wing
14185 W. Falcon Street
Luke AFB AZ 85309-1629
Mr. Matthew Holm
Planning Supervisor
Maricopa County Planning & Development Department
501 North 44th Street, Suite 200
Phoenix, AZ 85008
RE: UC2024008; Justice Brothers Ranch – Desert Farm Lights (APN: 501-42-006)
Dear Mr. Holm
Thank you for the opportunity to comment on the Use Compatibility and Consistency
Determination (UCCD) application for the proposed Desert Farm Lights. The request is to host a
singular public outdoor recreational event annually on an existing cattle grazing site. The next
proposed event dates are November 15th, 2024, through December 31st, 2024. The site sits on
approximately 60.17-acres and is located at 14629 W. Peoria Avenue in unincorporated
Maricopa County, AZ. The site is located partially inside the Luke AFB 1988 70 and 75 Ldn,
“high noise or accident potential zone,” as identified by A.R.S. § 28-8461, and is within the
“territory in the vicinity of a military airport,” also defined by A.R.S. § 28-8461.
Luke AFB follows A.R.S. § 28-8481 when evaluating compatible land use within the
“territory in the vicinity of a military airport” and considers this request to be incompatible with
the high noise or accident potential of a military airport or ancillary military facility. However,
this request was reviewed last year on a neighboring parcel under the same address. In the
previous application, the applicant stated that all lighting would be downward facing and
understands any upward facing lighting displays would have a negative impact on arriving flight
procedures. Luke AFB understands this request is for a single annual event and is agreeable to
making an exception for this duration because this particular event will run on evenings and
weekends, when the majority of Luke AFB’s flying does not occur. However, multiple annual
events on a more permanent basis would be incompatible with A.R.S. § 28-8461. Luke AFB
further recognizes that this single annual event is recurring year. If the dates range within the
Thanksgiving-Christmas holiday schedule and there are no significant changes to the existing
structure/size of the event, then a new UCCD is not required.
Since the event space will be located within the “territory in the vicinity of a military
airport,” it will be subjected to approximately 170 over flights a day. If approved, a strong
notification program on the part of the applicant is essential to inform patrons about Luke AFB
operations.
If you have any questions, please contact me at (623) 856-6169.
Sincerely
CHRISTOPHER P. TOALE
cc:
Colonel Matthew R. Johnston, Deputy Commander, 56th Fighter Wing
Ms. Demetria Themistocles, Attorney-Advisor, 56th Fighter Wing