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October 23, 2024
SU240002
Page 1 of 3
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 23, 2024
Case #/Title:
SU240002 - Legacy Recovery Center
Supervisor District:
1
Applicant/Owners:
Heather Dukes, Dukes Law PLLC / Ehab Abdallah and Ronald Segal
Request:
Special Use Permit (SUP) for group care facility in the Rural-43
zoning district
Site Location:
Generally located 1,475’ north of the northeast corner of Riggs Rd
and Lindsay Rd in the Chandler area
Site Size:
47,350 sq. ft
County Island Status:
Yes, City of Chandler
Additional
Comments:
Approval of this item would allow for the expansion of an existing,
legally operating community residence from ten to sixteen
residents, with up to five staff members on-site at any given time.
The existing community residence was entitled in 2023 with no
apparent issues having arisen by its operation. Staff received
opposition from almost all the surrounding parcels of the residence
after release of the staff report with many noting concerns
regarding the operation of a for-profit business in a residential
community. Several of those who indicated opposition attended the
Planning and Zoning Commission hearing, but did not fill out
speaker cards to allow them time to express their concerns during
the hearing. Additionally, as of this writing, staff has received four
appeal forms to the Planning and Zoning Commission’s
recommendation of approval. There are no outstanding concerns
from reviewing agencies.
Staff has calculated the support and opposition received, and notes
that a Super Majority Vote has been triggered. The trigger is when
20% or more of property owners within a 300’ radius of the subject
site, by number and area register opposition to the case. The
opposition received accounts for 13 property owners with an area
of 406,525 sq. ft.
The calculations for Legacy Recovery Center are as follows:
81% opposed parcel acreage within 300’ buffer
October 23, 2024
SU240002
Page 2 of 3
57% opposed parcel numbers within 300’ buffer
The Commission also agreed to a modification of condition ‘c’ as
shown in the staff report to allow for a 20-year SUP rather than 10
years. This extended period would be to allow financial
recuperation from required improvements to the residence to allow
expansion of site operations.
Commission
Recommendation:
On 9/26/24, the Commission voted 7-0 to adopt a motion
recommending the Board of Supervisors approve SU240002
subject to conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Legacy Recovery Center T.I.“, consisting of 2 full-size sheets, dated August 26, 2024,
except as modified by the following conditions. Staff may determine slight refinements to
remain in substantial conformance with the approved site plan. Minor and major
amendments to the site plan will be determined in accordance with Chapter 3 of the
Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the narrative report
entitled “Legacy Recovery Center” consisting of seven pages, dated August 26, 2024
except as modified by the following conditions.
c.
This special use permit is valid for a period of 20 years and shall expire on October 23,
2044, or upon termination of the use for a period of 90 or more days, whichever occurs
first. All site improvements associated with the special use permit shall be removed within
90 days of such expiration or termination of use.
d.
The following Rural-43 SUP standards will apply:
i. Required parking:
1. 12 total spaces with one ADA space.
e.
The following PND Engineering conditions will apply:
i. Engineering review of planning and/or zoning cases is for conceptual design only.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
ii. The project does not appear to include any new development/disturbance. PND
Drainage Plan Review has no comments.
iii. If there will be any improvements, Detailed Site Infrastructure Plans must be
submitted with the application for Building Permits.
October 23, 2024
SU240002
Page 3 of 3
f.
Noncompliance with any of the conditions assigned to the approval of this Special Use
Permit by the Maricopa County Board of Supervisors may be grounds for revocation in
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.
g.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
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, and at the
time of expiration of the Special Use Permit, 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, or the expiration of the Special
Use Permit, 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 or
expiration of the Special Use Permit. The Special Use Permit enhances the value of the
property above its value as of the date the Special Use Permit is granted and reverting to
the prior zoning results in the same value of the property as if the Special Use Permit had
never been granted.
Presented by:
Joel Landis, Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
9/26/24 P&Z Packet (33 pages)
Appeal Forms (11 pages)
300’ Opposition Map (1 page)
Note:
9/26/24 Draft P&Z Minutes are not available as of the writing of this report, but can be
provided upon request later when available.
SU24002
Page 1 of 6
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
SU240002 - Legacy Recovery Center
Hearing Date:
September 26, 2024
Supervisor District:
1
Applicant:
Heather Dukes, Dukes Law PLLC
Owner:
Ehab Abdallah and Roland Segal
Request:
Special Use Permit (SUP) for group care facility in the Rural-43 zoning
district
Site Location:
Generally located 1,475’ north of the northeast corner of Riggs Rd and
Lindsay Rd in the Chandler area
Site Size:
47,350 sq. ft
Density:
N/A
County Island:
Yes, City of Chandler
County Plan:
Rural Development Area (0-1 d.u./ac)
Municipal Plan:
City of Chandler – Neighborhoods
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
SU24002
Page 2 of 6
Project Summary:
1.
Group care facilities are a permitted special use per MCZO, Art. 1301.1.8. The applicant is
proposing a Special Use Permit (SUP) to allow for a 16-resident community residence in a Rural-
43 zoned property north of the intersections of Lindsay Rd and Riggs Rd in the Chandler area. The
site is currently permitted for a 10-resident facility under a prior zoning entitlement, LU20230041.
The expansion of this facility would allow for the six additional residents as well as expanded
staff facilities and home amenities. Residents of the home will have not been adjudicated but
instead would be persons seeking behavioral health services in a home-like environment. Clinical
therapeutical services and life skills training would be offered on-site but otherwise no medical
or treatment services would occur in the facility. A maximum of five staff members would be on-
site in-between 8:00 am and 4:00 pm with two to three on-site after hours.
2.
As mentioned, the home is currently under a prior land-use entitlement that would allow for the
operation of a community residence. The home itself is near two existing community residence
operations in Chandler’s jurisdiction. Staff approved a reasonable accommodation request under
the prior entitlement to allow for less distancing between the community residences. Per the
applicant and staff research, no new community residence operations have been inaugurated
near the subject site since the approval of the original entitlement in either Maricopa County or
City of Chandler jurisdiction. The SUP will accommodate the increased number of patient
residents and the proximity to other community residences.
3.
The request includes two variances to the underlying zoning standards as shown in the below
table as provided by the applicant. The first regards on-site parking. Rural-43 zoning standards
do not require parking to be provided by the applicant for community residences. However, the
addition of six residents and several staff members would require a vast expansion of parking on
the site. As such, the applicant is requesting lesser parking requirements to prevent site
overparking. The applicant additionally requests a minor variance to the site visibility triangle
(SVT) standards relating to an existing mailbox. Staff would note that mailboxes are not required
to be permitted in Maricopa County jurisdiction. (Note: the applicant’s chart contrasts their
proposal against a commercial parking ratio which does not necessarily apply. Special uses are
reviewed on a case-by-case scenario on their merits and regarding what development standards
should be required for the proposed special use.)
SU24002
Page 3 of 6
Aerial photo of the subject parcel and surrounding area, oriented north
Zoning map of the subject parcel and surrounding area, oriented north. Parcels to the west are in City of Chandler jurisdiction.
SU24002
Page 4 of 6
Existing On-Site and Adjacent Zoning / Land Use:
4.
On-site:
Rural-43 / Community residence
North:
Rural-43 / Rural estate
South:
Rural-43 / Rural estate
East:
Rural-43 / Rural estate
West:
PAD (City of Chandler) / Residences
Utilities and Services:
5.
Water:
Well water
Wastewater:
City of Chandler
Fire:
Chandler County Island Fire District
Police:
MCSO
Right-of-Way:
6.
The following table includes existing and proposed half-width right-of-way and the future
classification based upon the Maricopa County Department of Transportation (MCDOT) Major
Streets and Routes Plan. MCDOT only has jurisdiction over the northbound lane of Lindsay Rd at
the site. It would be expected that the totality of Lindsay Rd would be annexed into City of
Chandler at some point.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Lindsay
Rd
(northbound)
14’
14’
Minor Arterial
Adopted Plan:
7.
Chandler General Plan (adopted 2016): Neighborhoods: This category allows a range of
residential densities and a variety of non-residential uses such as commercial, institutional, public
facilities, and commercial offices based upon location and other criteria as described in the text
of the general plan.
8.
Maricopa County Vision 2030 (adopted 2016): Single Family – Rural: Density of 0-1 dwelling unit
or less per gross acre.
Public Participation Summary:
9.
Per the citizen participation summary submitted by the applicant, all minimum statutory
requirements have been met. The applicant posted the site with two signs compliant with posting
requirements and sent mailed notice via USPS to all property owners and homeowner’s
associations within 300’ of the subject site as well as all interested parties. Staff has not received
any public comments either in support or opposition to this case.
Outstanding Concerns from Reviewing Agencies:
10.
N/A
SU24002
Page 5 of 6
Staff Analysis:
11.
Staff supports this request as the existing community residence appears to be successful and
appropriately integrated into the community. The addition of six additional residents does not
appear to impose a greater strain onto either the community residence residents or the
community at large. The facility would serve a crucial community benefit by expanding behavioral
services in a family environment.
Recommendation:
12.
Staff recommends the Commission adopt a motion recommending that the Board of Supervisors
approve SU240002 subject to the following conditions ‘a’ – ‘h’:
a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Legacy Recovery Center T.I.“, consisting of 2 full-size sheets, dated August 26, 2024,
except as modified by the following conditions. Staff may determine slight refinements to
remain in substantial conformance with the approved site plan. Minor and major
amendments to the site plan will be determined in accordance with Chapter 3 of the
Maricopa County Zoning Ordinance.
b.
Development of the site shall be in substantial conformance with the narrative report
entitled “Legacy Recovery Center” consisting of seven pages, dated August 26, 2024
except as modified by the following conditions.
c.
This special use permit is valid for a period of 10 years and shall expire on October 23,
2034, or upon termination of the use for a period of 90 or more days, whichever occurs
first. All site improvements associated with the special use permit shall be removed within
90 days of such expiration or termination of use.
d.
The following Rural-43 SUP standards will apply:
i. Required parking:
1. 12 total spaces with one ADA space.
e.
The following PND Engineering conditions will apply:
i. Engineering review of planning and/or zoning cases is for conceptual design only.
All development and engineering design shall be in conformance with Section
1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual;
and current engineering policies, standards and best practices at the time of
application for construction.
ii. The project does not appear to include any new development/disturbance. PND
Drainage Plan Review has no comments.
iii. If there will be any improvements, Detailed Site Infrastructure Plans must be
submitted with the application for Building Permits.
f.
Noncompliance with any of the conditions assigned to the approval of this Special Use
Permit by the Maricopa County Board of Supervisors may be grounds for revocation in
SU24002
Page 6 of 6
accordance with the requirements and procedures as set forth in the Maricopa County
Zoning Ordinance.
g.
The property owner/s and their successors waive claim for diminution in value if the
County takes action to rescind approval due to noncompliance with conditions.
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, and at the
time of expiration of the Special Use Permit, 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, or the expiration of the Special
Use Permit, 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 or
expiration of the Special Use Permit. The Special Use Permit enhances the value of the
property above its value as of the date the Special Use Permit is granted and reverting to
the prior zoning results in the same value of the property as if the Special Use Permit had
never been granted.
Presented by:
Joel Landis, Planner
Reviewed by:
Rachel Applegate, AICP, Acting Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (2 pages)
Narrative Report (7 pages)
PND Engineering comments (x page/s)
MCESD comments (x page/s)
/
Maricopa County Planning & Development - Phoenix, AZ
1
Gross Acres: 1 approx.
Generated September 13, 2024 6:19 AM
SU240002
Application Name:
Legal Description
Legacy Recovery Center
Applicant
Case Address
2S 6E 29
Heather Dukes
24745 S LINDSAY RD
Applicant Phone/Email
Parcel Primary:304-81-013P
(602) 320-8866
hdukes@dukeslawaz.com
CHANDLER, AZ 85249
Map scale 1:729
Supervisor District No.
Special Use Permit to allow up to 16 disabled residents in an existing community residence
PROJECT:
LEGACY RECOVERY CENTER T.I.
ADDRESS:
24745 S LINDSAY RD, CHANDLER AZ 85249
APN:
304-81-013P
S/T/R:
29 2S 6E
ZONING
RU-43
PROPOSED ZONING:
RU-43 WITH SUP APPROVAL
OCCUPANCY:
R-4
PROPOSED OCCUPANCY: I-1 (INSTITUTIONAL GROUP)
CONSTRUCTION TYPE:
VB
EXISTING USE:
COMMUNITY RESIDENCE WITH UP TO 10
RESIDENTS
PROPOSED USE:
COMMUNITY RESIDENCE WITH UP TO 16
RESIDENTS
EXISTING BUILDING SIZE:
MAIN FLOOR
3,811 SF
CASITA
1,835 SF
BASEMENT
3,136 SF
GARAGE
1,148 SF
COVERED PATIO
357 SF
TOTAL LIVABLE:
8,782 SF
TOTAL UNDER ROOF:
10,631 SF
FOOTPRINT:
7,495 SF
LOT SIZE (GROSS):
1.087 ACRES (47,350 SF)
LOT COVERAGE:
16% (MAX 25%)
BUILDING SETBACKS:
ORIENTATION
REQUIRED
PROVIDED
FRONT
40'-0"
104'-3"
SIDE
30'-0"
37'-0" & 44'-7"
REAR
40'-0"
59'-6"
BUILDING HEIGHT:
MAIN HOUSE
30'-0"
16'-11"
CONSTRUCTION CODES
ALL CONSTRUCTION SHALL COMPLY WITH THE FOLLOWING
CODES AND AMENDMENTS PER THEIR ADOPTING ORDINANCES.
2018 INTERNATIONAL BUILDING CODE
2018 INTERNATIONAL RESIDENTIAL CODE
2018 INTERNATIONAL PLUMBING CODE
2018 INTERNATIONAL MECHANICAL CODE
2018 INTERNATIONAL FUEL GAS CODE
2018 INTERNATIONAL EXISTING BUILDING CODE
2017 NATIONAL ELECTRIC CODE
2010 ADA/ICC A117.1-2009
SUP FOR A COMMUNITY RESIDENCE WITH UP TO 16 DISABLED, AMBULATORY
RESIDENTS AND ASSOCIATED RENOVATIONS IN COMPLIANCE WITH AN I-1 OCCUPANCY,
AND THE ADAPTATION OF THE KITCHEN TO MEET THE REQUIREMENTS OF A COOKING
KITCHEN.
PROJECT TEAM
PROJECT DATA
PROJECT DESCRIPTION
LEGAL DESCRIPTION
LEGACY RECOVERY CENTER T.I.
24745 S LINDSAY RD, CHANDLER, AZ 85249
GENERAL NOTES
1.
VERIFY ALL DIMENSIONS AND CONDITIONS PRIOR TO STARTING WORK. NOTIFY
PATHANGAY ARCHITECTS OF ANY DISCREPANCIES OR INCONSISTENCIES. ANY
VARIATIONS FROM THIS SET OF PLANS MUST HAVE PATHANGAY ARCHITECTS'
WRITTEN APPROVAL BEFORE ANY FURTHER CONSTRUCTION. VERIFY IN FIELD ALL
EXISTING CONDITIONS SHOWN ON DRAWINGS. VERIFY ALL DIMENSIONS SHOWN
WITH THE DIMENSIONS PROVIDED IN THE ARCHITECTURAL DRAWINGS. PROVIDE ALL
MEASURES NECESSARY TO PROTECT THE STRUCTURES DURING CONSTRUCTION.
SUCH MEASURES SHALL INCLUDE, BUT NOT BE LIMITED TO, BRACING AND SHORING
FOR LOADS IMPOSED DURING CONSTRUCTION. DETAILS ON THE STRUCTURAL
DRAWINGS ARE TYPICAL. NOTES AND DETAILS ON THE DRAWING SHALL TAKE
PRECEDENCE OVER THE GENERAL NOTES AND TYPICAL DETAILS. WHERE NO
DETAILS ARE SHOWN THE CONSTRUCTION SHALL CONFORM TO SIMILAR WORK ON
THE PROJECT.
2. ESTABLISH AND VERIFY ALL OPENINGS AND INSERTS FOR MECHANICAL, ELECTRICAL,
AND
PLUMBING
WITH
APPROPRIATE
TRADES,
DRAWINGS,
AND
SUB-CONTRACTORS PRIOR TO CONSTRUCTION.
3. ALL WORK PERFORMED SHALL COMPLY WITH ALL APPLICABLE CODES AND
ORDINANCES FOR THE COUNTY OF MARICOPA AND THE STATE OF ARIZONA.
4. THE CONTRACTOR SHALL PAY FOR ALL FEES AND PERMITS NECESSARY FOR THE
PROPER COMPLETION OF THE WORK.
5. THE CONTRACTOR(S), BY PROCEEDING WITH CONSTRUCTION REPRESENTS THAT:
THEY
HAVE
REVIEWED
THE
CONSTRUCTIONS
DRAWINGS
AND
RELATED
DOCUMENTATION, HAVE HAD THE OPPORTUNITY TO VISIT THE SITE, HAVE
FAMILIARIZED THEMSELVES WITH THE LOCAL CONDITIONS AND LAWS, REGULATIONS
AND SECURITY REQUIREMENTS UNDER WHICH THE WORK IS TO BE PERFORMED,
AND THE SITE USE COORDINATED WITH THE BUILDER.
6. THE CONTRACTOR(S) SHALL VERIFY ALL EXISTING CONDITIONS ON THE SITE PRIOR
TO CONSTRUCTION. ALL DISCREPANCIES AND POTENTIAL CONFLICTS WITH THIS SET
OF CONSTRUCTION DRAWINGS SHALL BE REPORTED TO THE BUILDER BEFORE
PROCEEDING WITH CONSTRUCTION.
7. THE CONTRACTOR SHALL ESTABLISH THE GRADE AND BUILDING LOCATIONS AND
VERIFY FINISH FLOOR ELEVATION(S) PRIOR TO CONSTRUCTION.
8. THE CONTRACTOR SHALL TAKE THE NECESSARY PRECAUTIONS TO ENSURE THAT
PARTIAL IN-PLACE CONSTRUCTION IS ADEQUATELY BRACED AGAINST MOVEMENT
AND THAT ALL HAZARDOUS AREAS ARE PROTECTED TO PREVENT INJURY.
9. THE PREMESIS OF THE BUILDING AND SITE SHALL BE KEPT REASONABLY CLEAN OF
ALL DEBRIS EMANATING FROM THE WORK AT ALL TIMES. EACH CONTRACTOR SHALL
BE RESPONSIBLE FOR LEAVING THEIR AREA IN A BROOM SWEPT CONDITION, DAILY.
ALL CONSTRUCTION DEBRIS SHALL BE COLLECTED AND DEPOSITED IN DESIGNATED
AREAS.
10. CONTRACTOR SHALL KEEP PREMISES FREE OF RUBBISH AND EXCESS MATERIAL.
11. FINISH FLOOR ELEVATIONS SHALL BE CERTIFIED BY THE COUNTY FOR THE FEDERAL
EMERGENCY MANAGEMENT ASSOCIATION (F.E.M.A.) WHERE REQUIRED.
12. CONTRACTOR SHALL PROVIDE ALL FLASHING , SEALANTS, WEATHER STRIPPING AND
OTHER NECESSARY MATERIALS TO ENSURE THE FINISHED BUILDING WILL BE
WEATHER TIGHT. CONTRACTOR SHALL CAULK AROUND ALL DOORS, WINDOWS, AND
OTHER OPENINGS OR JOINTS WITH A SILICONE BASE SEALANT. LEAVE ADJACENT
SURFACES CLEAN AND PROVIDE BACKING WHERE REQUIRED.
13. THE SITE OF CONSTRUCTION IS AS SHOWN ON THE DRAWING. THE CONTRACTOR
SHALL EXAMINE THE PREMISES BEFORE SUBMITTING A PROPOSAL AND SHALL
FAMILIARIZE THEMSELVES WITH THE CONDITIONS UNDER WHICH THEY WILL WORK.
EACH BIDDER SHALL BE RESPONSIBLE FOR ANY ERRORS IN THEIR PROPOSAL
RESULTING FROM FAILURE TO MAKE A SITE INVESTIGATION AND DETERMINATION OF
THESE SAID CONDITIONS.
14. ALL FINISHES SHALL BE SELECTED BY THE BUILDER AND ALL FLOORS, WALLS,
CEILINGS, WOODWORK, ETC. SHALL BE PREPARED APPROPRIATELY TO RECEIVE
THEIR RESPECTIVE FINISHES.
15. ALL FINISH HARDWARE SHALL BE SELECTED BY THE BUILDER.
16. FURNISH ALL FINISH HARDWARE NECESSARY FOR SMOOTH OPERATION OF DOORS.
(INCLUDE ALL REQUIRED DOOR STOPS, THRESHOLDS, WEATHER STRIPPING, FLUSH
BOLTS, ETC.) CONTACT THE BUILDER'S FIELD MANAGER FOR THE FUNCTION OF
EACH DOOR IN ORDER TO DETERMINE THE APPROPRIATE HARDWARE.
17. MISCELLANEOUS SITE STRUCTURES, SWIMMING POOLS, SPAS, FENCES, SITE WALLS
(INCLUDING RETAINING WALLS), AND GAS STORAGE TANKS REQUIRE SEPARATE
PERMITS.
18. THE CONTRACTOR SHALL PROVIDE AND MAINTAIN FIRE PROTECTION WITH
ADEQUATE CLEAR AREAS TO SATISFY THE REQUIREMENTS OF THE MUNICIPALITY OR
COUNTY CONCERNED.
19. ALL ITEMS NOT SPECIFICALLY MENTIONED, BUT NECESSARY TO MAKE A COMPLETE
WORKING INSTALLATION, SHALL BE INCLUDED UNDER CONTRACT WITH THE BUILDER.
20. ALL MATERIALS USED IN THIS PROJECT SHALL BE NEW AND UNUSED UNLESS
OTHERWISE SPECIFIED.
21. NON-STRUCTURAL OPTIONS ARE FOR THE CONVENIENCE OF THE CUSTOMER(S).
THE CONTRACTOR IS RESPONSIBLE FOR ALL CHANGES NECESSARY IF OPTIONS ARE
CHOSEN, AND THEY SHALL COORDINATE ALL CORRESPONDING DETAILS.
22. THE ENGINEER SHALL NOT BE RESPONSIBLE FOR THE MEANS, METHODS,
PROCEDURES, TECHNIQUES, OR SEQUENCES OF CONSTRUCTION, NOR FOR THE
SAFETY ON THE JOB SITE. THE ENGINEER SHALL NOT BE RESPONSIBLE FOR THE
CONTRACTOR'S FAILURE TO CARRY OUT THE WORK IN ACCORDANCE WITH THE
CONSTRUCTION DOCUMENTS.
1. PREMISES ID. TO BE LEGIBLE FROM STREET OR DRIVE AND MUST BE ON ALL PLANS.
2. IT IS THE DEVELOPERS RESPONSIBILITY TO DETERMINE ULTIMATE COMPLIANCE WITH
THE FAIR HOUSING ACT AND AMERICANS WITH DISABILITIES ACT AND INCORPORATE
SAME INTO THEIR BUILDING PLANS (PER C.O.S. 91-3).
FIRE ORDINANCE REQUIREMENTS
ARCHITECTURAL
A000
COVER SHEET
A020
SITE PLAN
DRAWING INDEX
VICINITY MAP
NOT TO SCALE
E VALLEJO ST
E RIGGS RD
S LINDSAY RD
THIS PROJECT
E CAPRICORN PL
E SCORPIO PL
E AQUARIUS PL
OWNER:
ABDALLAH EHAB/SEGAL ROLAND
24745 S LINDSAY RD
CHANDLER, AZ 85249
ARCHITECT:
PATHANGAY ARCHITECTS
727 E BETHANY HOME RD, STE D225
PHOENIX, AZ 85014
PHONE: (602) 368-9375
CONTACT: NAVIN PATHANGAY
NAVIN@PATHANGAYARCHITECTS.COM
CONTRACTOR:
TBD
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED
AS FOLLOWS.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 29;
THENCE SOUTH 00 DEGREES 00 MINUTES 05 SECONDS EAST (ASSUMED BEARING),
ALONG THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 29, A
DISTANCE OF 1004.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 DEGREES 57 MINUTES 12 SECONDS EAST A DISTANCE
OF 330.5 FEET TO A POINT ON THE EASTERLY LINE OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 29;
THENCE SOUTH 0 DEGREES 01 MINUTES 02 SECONDS WEST A DISTANCE OF 159.09 FEET
TO A POINT;
THENCE SOUTH 89 DEGREES 57 MINUTES 30 SECONDS WEST A DISTANCE OF 330.7 FEET
TO A POINT ON THE WESTERLY LINE OF SAID SECTION 29;
THENCE NORTH 0 DEGREES 00 MINUTES 05 SECONDS WEST A DISTANCE OF 159.07 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPT THE WEST 33 FEET ROAD THEREOF.
THENCE NORTH 0 DEGREES 00 MINUTES 05 SECONDS WEST A DISTANCE OF 159.07 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPT THE WEST 33 FEET ROAD THEREOF.
pathangay architects
727 E BETHANY HOME RD SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
LEGACY RECOVERY CENTER T.I.
24745 S LINDSAY RD
CHANDLER, AZ 85249
© COPYRIGHT 2021
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY:
REVIEWED BY:
08/26/2024
2024-02
SHEET TITLE:
SHEET NUMBER:
DATE:
PROJECT NUMBER:
A000
COVER SHEET
AH
NP
EXPIRES 6/30/2025
40833
NAVIN
PATHANGAY
SUP COMMENTS
08/26/2024
159.09'
297.75'
S LINDSAY RD
159.07'
297.75'
EXISTING
POOL
PROJECT:
LEGACY RECOVERY CENTER T.I.
ADDRESS:
24745 S LINDSAY RD, CHANDLER AZ 85249
APN:
304-81-013P
S/T/R:
29 2S 6E
ZONING
RU-43
PROPOSED ZONING:
RU-43 WITH SUP APPROVAL
OCCUPANCY:
R-4
PROPOSED OCCUPANCY: I-1 (INSTITUTIONAL GROUP)
CONSTRUCTION TYPE:
VB
EXISTING USE:
COMMUNITY RESIDENCE WITH UP TO 10 RESIDENTS
PROPOSED USE:
COMMUNITY RESIDENCE WITH UP TO 16 RESIDENTS
EXISTING BUILDING SIZE:
MAIN FLOOR
3,811 SF
CASITA
1,835 SF
BASEMENT
3,136 SF
GARAGE
1,148 SF
COVERED PATIO
357 SF
TOTAL LIVABLE:
8,782 SF
TOTAL UNDER ROOF:
10,631 SF
FOOTPRINT:
7,495 SF
LOT SIZE (GROSS):
1.087 ACRES (47,350 SF)
LOT COVERAGE:
16% (MAX 25%)
BUILDING SETBACKS:
ORIENTATION
REQUIRED
PROVIDED
FRONT
40'-0"
104'-3"
SIDE
30'-0"
37'-0" & 44'-7"
REAR
40'-0" 59'-6"
BUILDING HEIGHT:
MAIN HOUSE
30'-0"
16'-11"
OWNER:
ABDALLAH EHAB/SEGAL ROLAND
24745 S LINDSAY RD
CHANDLER, AZ 85249
ARCHITECT:
PATHANGAY ARCHITECTS
727 E BETHANY HOME RD, STE D225
PHOENIX, AZ 85014
PHONE: (602) 368-9375
CONTACT: NAVIN PATHANGAY
NAVIN@PATHANGAYARCHITECTS.COM
CONTRACTOR:
TBD
PROJECT TEAM
PROJECT DATA
LEGAL DESCRIPTION
LEGEND - LINE TYPE
PROPERTY LINE
BUILDING SETBACK
1.
DEVELOPMENT AND USE OF THIS SITE WILL CONFORM WITH ALL APPLICABLE CODES
AND ORDINANCES
2.
ALL NEW OR RELOCATED UTILITIES WILL BE PLACED UNDERGROUND.
3.
STRUCTURES AND LANDSCAPING WITHIN A TRIANGLE MEASURED BACK 25' FROM THE
PROPERTY LINE AND 25' ALONG THE PROPERTY LINE ON EACH SIDE OF THE DRIVEWAY
ENTRANCES WILL BE MAINTAINED AT A MAXIMUM HEIGHT OF 3'.
4.
ANY LIGHTING WILL BE PLACED SO AS TO DIRECT LIGHT AWAY FROM ADJACENT
RESIDENTIAL DISTRICTS AND WILL NOT EXCEED ONE FOOT CANDLE AT THE PROPERTY
LINE. NO NOISE, OROR, OR VIBRATION WILL BE EMITTED AT ANY LEVEL EXCEEDING
THE GENERAL LEVEL OF NOISE, ODOR, OR VIBRATION EMITTED BY USES IN THE AREA
OUTSIDE OF THE SITE.
5.
OWNERS OF PROPERTY ADJACENT TO THE PUBLIC RIGHTS-OF-WAY WILL HAVE THE
RESPONSIBILITY FOR MAINTAINING ALL LANDSCAPING LOCATED WITHIN THE
RIGHTS-OF-WAY, IN ACCORDANCE WITH THE APPROVED PLANS
6.
THE EXISTING STRUCTURES MUST COMPLY WITH THE CHANGE OF OCCUPANCY
PROVISIONS IN THE MARICOPA COUNTY CONSTRUCTION CODE PRIOR TO USE.
7.
AFTER FINAL APPROVAL THE PROJECT WILL BE INSPECTED FOR ZONING COMPLIANCE
DURING CONSTRUCTION AND PRIOR TO OCCUPANCY. THE APPLICANT IS TO NOTIFY
THE MARICOPA COUNTY PRIOR TO OCCUPANCY TO ARRANGE FOR INSPECTIONS. CALL
THE MARICOPA COUNTY AND REQUEST INSPECTION
8.
SIGNAGE WILL BE REVIEWED UNDER A SEPARATE PERMIT.
9.
WALLS ARE NOT APPROVED AS PART OF THE LANDSCAPE PLAN BUT ARE SHOWN FOR
REFERENCE ONLY. WALLS ARE EXISTING.
10.
ALL RAMPS MUST MEET ADA ACESSIBILITY GUIDELINES (ADAAG) STANDARDS, 2% MAX
CROSS SLOPES, AND 12:1 MAXIMUM LONGITUDINAL SLOPES.
SITE PLAN GENERAL NOTES
1
EXISTING SEPTIC TANK - MARICOPA COUNTY ENVIRONMENTAL SERVICES PERMIT
#990116
KEYNOTES
2
EXISTING LEACH PITS
3
POOL FENCE - 5'-0" TALL MESH
4
ACCESS CONTROL GATES - 2'-6" WIDE, 5'-0" TALL, SELF-CLOSING,
AUTOMATIC LATCHING
6
POOL EQUIPMENT
WALKING PATH
5
30'-0"
BSL
40'-0"
BSL
30'-0"
B.S.L.
40'-0"
BSL
44'-7"
104'-3"
6
6
6
6
10'-0"
UTILITY
EASEMENT
59'-10"
7
EXISTING STORAGE BUILDING
8
6'-0" WALL, CMU (3') AND METAL FENCE (3')
7
1
2
2
2
2
3
3
4
4
5
6
CENTER LINE
8
8
8
8
8
8
8
8
8
8
8
VICINITY MAP
NOT TO SCALE
E VALLEJO ST
E RIGGS RD
S LINDSAY RD
THIS PROJECT
E CAPRICORN PL
E SCORPIO PL
E AQUARIUS PL
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 6 EAST OF THE GILA AND
SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS.
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 29;
THENCE SOUTH 00 DEGREES 00 MINUTES 05 SECONDS EAST (ASSUMED BEARING), ALONG
THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF
1004.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89 DEGREES 57 MINUTES 12 SECONDS EAST A DISTANCE OF
330.5 FEET TO A POINT ON THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
29;
THENCE SOUTH 0 DEGREES 01 MINUTES 02 SECONDS WEST A DISTANCE OF 159.09 FEET TO A
POINT;
THENCE SOUTH 89 DEGREES 57 MINUTES 30 SECONDS WEST A DISTANCE OF 330.7 FEET TO A
POINT ON THE WESTERLY LINE OF SAID SECTION 29;
THENCE NORTH 0 DEGREES 00 MINUTES 05 SECONDS WEST A DISTANCE OF 159.07 FEET TO
THE TRUE POINT OF BEGINNING.
EXCEPT THE WEST 33 FEET ROAD THEREOF.
THENCE NORTH 0 DEGREES 00 MINUTES 05 SECONDS WEST A DISTANCE OF 159.07 FEET TO
THE TRUE POINT OF BEGINNING.
EXCEPT THE WEST 33 FEET ROAD THEREOF.
25'-0"
25'-0"
9
3 CAR GARAGE
9
10
10
PARKING
25'-0"
25'-0"
APN: 304-81-013P
APN: 304-81-013Q, RESIDENTIAL, ZONING RU-43
APN: 304-81-013N, RESIDENTIAL, ZONING RU-43
APN: 304-81-013Z, RESIDENTIAL, ZONING RU-43
ADA
PARKING
11
RAMP
11
24'-7"
12
LANDSCAPE
12
12
12
11
11
H=8"
H=8"
37'-0"
11'-0"
20'-0"
NEW CONCRETE SURFACE TO MATCH EXISTING
EXISTING CONCRETE SURFACE
SUP FOR A COMMUNITY RESIDENCE WITH UP TO 16 DISABLED, AMBULATORY RESIDENTS AND
ASSOCIATED RENOVATIONS IN COMPLIANCE WITH AN I-1 OCCUPANCY, AND THE ADAPTATION
OF THE KITCHEN TO MEET THE REQUIREMENTS OF A COOKING KITCHEN.
PROJECT DESCRIPTION
EGRESS PATH
ALL CONSTRUCTION SHALL COMPLY WITH THE FOLLOWING CODES AND AMENDMENTS PER
THEIR ADOPTING ORDINANCES.
2018 INTERNATIONAL BUILDING CODE
2018 INTERNATIONAL RESIDENTIAL CODE
2018 INTERNATIONAL PLUMBING CODE
2018 INTERNATIONAL MECHANICAL CODE
2018 INTERNATIONAL FUEL GAS CODE
2018 INTERNATIONAL EXISTING BUILDING CODE
2017 NATIONAL ELECTRIC CODE
2010 ADA/ICC A117.1-2009
CONSTRUCTION CODES
28'-0"
18'-0"
9'-0"
3
4
5
6
7
9
8
9'-0"
1
2
10
13
EXISTING PILLAR WITH MAILBOX
13
H=6'
H=6'
pathangay architects
727 E BETHANY HOME RD SUITE D225
PHOENIX ARIZONA 85014
(P) 602-368-9375 (F) 602-368-9380
LEGACY RECOVERY CENTER T.I.
24745 S LINDSAY RD
CHANDLER, AZ 85249
© COPYRIGHT 2021
PATHANGAY ARCHITECTS, LLC
KEY:
DRAWN BY:
REVIEWED BY:
08/26/2024
2024-02
SHEET TITLE:
SHEET NUMBER:
DATE:
PROJECT NUMBER:
1"=10'-0"
SITE PLAN
A020
SITE PLAN
AH
NP
EXPIRES 6/30/2025
40833
NAVIN
PATHANGAY
SUP COMMENTS
08/26/2024
DUKES LAW, PLLC
5527 N. 25th Street
Phoenix, AZ 85016
602.320.8866
Legacy Recovery Center
24745 S. Lindsay Road, Chandler, AZ 85249
Narrative in Support of Special Use Permit Application
Revised August 26, 2024
LU20230041; PA2023180; SU240002
E. Riggs Rd.
S. Lindsay Rd.
DUKES LAW, PLLC
5527 N. 25th Street
Phoenix, AZ 85016
602.320.8866
MARICOPA COUNTY
Planning and Development Department
301 W. Jefferson Street, Suite 170
Phoenix, AZ 85003
August 26, 2024
RE:
First Revised Special Use Permit Narrative for Community Residence Located at 24745 S.
Lindsay Road, Chandler, AZ 85249 (Assessor Parcel Number 304-81-013P) (the
“Property”); Case No. SU240002
Dear Planning and Development Department Staff:
On behalf of my client, Legacy Recovery Center, LLC, an Arizona limited liability company, (“Legacy”
or the “Applicant”) and the owners of the above-referenced Property, I am submitting this narrative in
support of the Special Use Permit application (the “SUP Application”) seeking approval to: (i) allow up to
16 disabled individuals to reside in an existing community residence, (ii) modify commercial parking
requirements to allow 12 parking spaces, and (iii) modify site visibility triangle requirements to allow
existing improvements on the Property. The Property is comprised of approximately 1.09 acres within the
Rural-43 zoning district and has been developed with a large home offering 8 bedrooms and 8,782 s.f. of
livable space.
Purpose of Request
The Property is currently licensed as a behavioral health residential facility (“BHRF”) with the
Arizona Department of Health Services. In June 2023, Maricopa County approved the community residence
use at the Property (LU20230041) for up to 10 residents and no live-in staff. The Applicant is now seeking
the ability to provide additional housing for up to 16 residents pursuant to Section 1301.1.8 of the Maricopa
County Zoning Ordinance (the “Zoning Ordinance”):
Article 1301.1 SPECIAL USES. The Board of Supervisors may permit as a Special Use any
of the following uses in any zoning district unless otherwise specified in this Section:
. . .
1301.1.8. Group care facilities and hospitals and institutions of an educational,
religious, charitable or philanthropic nature, homes for the aged, nursing homes,
convalescent homes and community residences or recovery communities that do not
meet the requirements of Article 1207.3 and other group care facilities including for
adjudicated residents (Emphasis added).
MARICOPA COUNTY
August 26, 2024
Page 2 of 6
This use will continue to operate as a community residence, as it has since 2023. In order to
increase the number of residents from 10 to 16, a special use permit approval is required pursuant to
Sections 1301.1.8 and 1207.3.2.1 of the Zoning Ordinance.
Furthermore, the Special Use Permit Application is being submitted pursuant to Section 1301.5 of
the Zoning Ordinance for the purpose of requesting that the Planning Commission include variations of the
following standards and requirements:
1. Parking Areas: The applicant respectfully requests approval of the existing garage and
proposed parking spaces along the north and east sides of the driveway on the Property as
adequate parking serving the community residence. The pre-application meeting comments
for this Property imposed a commercial parking requirement of 1 space per 250 square feet of
floor area. The residents living in the community residence do not drive or store their personal
vehicles on-site, leaving adequate space for staff vehicles to park within the 3-car garage and 9
parking spaces along the extended driveway.
2. Sight-Visibility Triangles: The applicant respectfully requests approval of all existing gate,
structure, and screening improvements which may encroach within any 25’x25’ sight visibility
triangles.
Standard Imposed at
Pre-Application Meeting
Proposed SUP Standard
Parking
Commercial Standard: One per
250 s.f. of floor area per Section
1102.1.4
8,782 s.f. / 250 s.f. = 35 spaces
9 spaces along driveway (8
spaces + 1 ADA space) +
3 spaces in garage
Total = 12 spaces
Site Visibility Triangles
No structure or wall exceeding
2 feet in height may be located in
the 25 ft. x 25 ft SVT
No structure or wall exceeding
2 feet in height may be located in
the 25 ft. x 25 ft SVT, with the
exception of the existing mailbox
Description of Proposal
The 1.08-acre Property is located within the Rural-43 zoning district in an unincorporated area near
Chandler, Arizona, approximately 1,475 feet north of the S. Lindsay Road and E. Riggs Road intersection.
The Property fronts on Lindsay Road, which is a section-line arterial street. The Property has been developed
with an 8-bedroom residence with approximately 8,782 s.f. of livable space.
MARICOPA COUNTY
August 26, 2024
Page 3 of 6
Maricopa County Assessor’s 2024 GIS Aerial Photograph - 24745 S. Lindsay Road
In June 2023, Maricopa County approved the community residence use at the Property
(LU20230041) for up to 10 residents and no live-in staff. This community residence approval authorized
Legacy to apply for a Behavioral Health Residential Facility license with the Arizona Department of Health
Services (“ADHS”) for adults ages 18+ for purposes of providing housing and treating disabled residents with
behavioral health and other co-occurring mental health conditions. On September 29, 2023, ADHS
approved Legacy’s BHRF license for the Property (License No. BH8847).
Legacy is seeking to increase the number of disabled residents living at the Property from 10 to 16.
The only individuals receiving treatment at the location will be the 16 individuals approved to occupy the
home. The location will be operational 24 hours a day, 7 days a week, and seeks to replicate a family
environment in the look and feel of the home. Residents at Legacy are not adjudicated, and they come to
the program of their own free will to seek help with behavioral health issues that are inhibiting their ability
to integrate into the community.
The residence will be staffed at all hours with a total of 13 staff with staggered shifts, as follows:
Seven (7) house managers who will be scheduled in shifts throughout the week,
Two (2) licensed therapists who will provide individual and group therapy intermittently on
weekdays (Monday through Friday),
One (1) staff to coordinate transportation for resident appointments and other transportation
needs, to assist with shopping for food, and to provide support to residents in the event the house
manager is busy helping another resident.
One (1) registered, on-call nurse,
One (1) program director, and
Richard Miller, CEO and Member of Legacy Recovery Center, LLC.
Typically, a max of 5 staff members will be on-site between 8 a.m. and 4 p.m. Approximately 2 to 3
staff members will be on-site after hours.
S. Lindsay Rd.
E. Capricorn Pl.
MARICOPA COUNTY
August 26, 2024
Page 4 of 6
Clinical services provided on-site include resident assessments, individual therapy, and group
therapy. The therapists and house managers will also assist with life skills such as cooking and cleaning,
resume building, employer interview coaching, and motivational interviewing.
No medical or treatment services will be provided at the Property that would not typically occur in
a residential setting. A nursing assessment and vitals check are completed upon intake, but those are the
only medical services provided at the location. No detoxification will occur on-site. If the resident has a
doctor's appointment or a virtual appointment with a doctor, staff will provide them with transportation or
a computer (if needed). Any medical concerns will result in the resident being referred to an outside provider
for medical care. All residents living at the Property will be ambulatory and will be able to complete activities
of daily living. Residents will be transported to 12-step support meetings off-site on a daily basis. Visitors at
the location will be allowed in the evenings from 4 to 8pm during the week, and weekends from 4 to 9pm.
Residents will be educated on all evacuation procedures and routes. Evacuation routes will also be
mapped and posted throughout the residence. Legacy will conduct emergency fire drills once per shift per
quarter, for a total of 12 fire drills throughout the year. Tabletop exercises will not be sufficient as drills, as
all drills will involve residents and staff leaving the home as if a fire were occurring. On a quarterly basis, the
owners and staff will evaluate each fire drill to determine if the organization can improve the evacuation
process. Documentation of all drills and drill evaluations will be maintained on-site.
Separation Distance Approved Through Reasonable Accommodation Process
At the time of receiving community residence approval on June 6, 2023, there were two (2)
residential care homes within 1200' feet of the Property in the abutting jurisdiction of Chandler. Both homes
are separated from the Property by the arterial street, S. Lindsay Road. The names, addresses, and the
services delivered at the Chandler-approved residential care homes are:
Residential Care Homes Approved by the City of Chandler and Licensed by ADHS
from June 2023 to the Present
Name
Address
Distance from Property
(24745 S. Lindsay Rd)
Services Provided
Amenity Home Assisted
Living
3921 E. Leo Pl.
Chandler, AZ 85249
464’
Approved for assisted
living services for 5
elderly patients in need
of assistance with daily
living and memory care
(ADHS License No.
AL10265)
Winding Woods Manor
3977 E. Scorpio Pl.
Chandler, AZ 85249
726’
Approved for assisted
living services for 5
adult patients receiving
mental health/
behavioral health care
(ADHS License No.
BH6605)
MARICOPA COUNTY
August 26, 2024
Page 5 of 6
Meetings were previously held with Chandler Planning staff and Maricopa County Planning and
Development staff regarding the Property’s proximity to the two residential care homes in Chandler’s
jurisdiction. Chandler had no objection to the reasonable accommodation request filed by Legacy to
reduce the 1200-foot separation standard due to the adequate buffer created by the Lindsay Road arterial
roadway. On June 6, 2023, the Maricopa County Planning and Development Department approved the
Applicant’s reasonable accommodation to reduce the 1200-foot separation standard in Case No.
LU20230041.
In preparation of filing this SUP application, the City of Chandler interactive zoning map was
reviewed for any recently approved residential care homes in the vicinity of the Property. Two (2) additional
addresses were shown on the Chandler interactive zoning map: (i) 3952 E. Virgo Place and (ii) 5581 S. Big
Horn Place. After further research and review of Chandler’s records, it was discovered that the two (2) new
addresses were not approved by the City of Chandler. Thus, no additional community residences or
residential care homes have been approved by Maricopa County or the City of Chandler in the vicinity of
the Property since its initial community residence and reasonable accommodation approvals were
received on June 6, 2023.
Relationship to Surrounding Properties
The Property has been developed with a single-family residence that will continue to be used as a
residential living arrangement similar to surrounding, large-lot residential properties in the area. Legacy’s
community residence provides housing to disabled residents in a family setting where residents operate as
a single housekeeping unit. Residents provide mutual support to one another in a supervised setting
providing habilitative and rehabilitative services related to the residents’ disabilities. Legacy’s housing
model emulates a family to foster normalization of its residents and to integrate them into the surrounding
community. The use is a very quiet, non-intensive use, and Legacy has worked tirelessly to establish
policies and procedures to ensure the safety and well-being of both residents and the neighbors.
Furthermore, the Property’s frontage on Lindsay Road ensures that no traffic associated with staff vehicles
or deliveries will be generated along local residential streets within the neighborhood.
Location and Accessibility
As shown by the aerial photograph on page 2 of this narrative, ingress and egress to and from the
Property occur at a single driveway access connecting to the arterial street, Lindsay Road. Deliveries are
encouraged to use the roundabout at the front of the Property. Staff and visitor vehicles are parked in the
3-car garage and the 9 parking spaces along the driveway at the north end of the Property. Since opening
the community residence in September 2023, Legacy has had no issues with parking. The onsite garage
and parking spaces provide more than adequate on-site parking.
Circulation System
No on-site or off-site improvements related to the circulation system are proposed as part of this
SUP Application.
MARICOPA COUNTY
August 26, 2024
Page 6 of 6
Development Schedule
In the event the SUP Application is granted, Legacy plans to immediately proceed with any permit
approvals and improvements necessary to bring the residence into compliance with all building and safety
code requirements for a community residence housing 16 individuals. If a stipulation is imposed requiring
the Applicant to apply and pay for building permits within a certain time period, the Applicant would
respectfully request a two-year time frame.
If you need any additional information or documentation to process this request, please do not
hesitate to contact me at the email address or phone number below. Thank you.
Very truly yours,
/s/ Heather N. Dukes
Heather N. Dukes, Esq.
602.320.8866 | hdukes@dukeslawaz.com
Enclosures
Page 1 of 2
Jeri Loucks, PECFM
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-6332
www.maricopa.gov/planning
Email address:
jeri.loucks@maricopa.gov
Planning & Development
Engineering Plan Review
Date:
August 19, 2024
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joel Landis, Planner, Planning & Development Services
From:
Jeri Loucks, P.E.C.F.M., Engineering Supervisor, Planning &
Development Services
cc:
Bob Fedorka, P.E., Engineering Manager, Planning & Development
Subject:
SU240002 – Special Use Permit
(E1 Memo)
Job Site Address: 124745 S Lindsay Rd Chandler, Az 85249
APN(s):
304-81-013P
PND Engineering Plan Review (DPR, FCD and PND Transportation) has reviewed the
1st submittal of the application routed for review on July 12th, and has no objections
subject to the following conditions:
The following stipulations will apply:
1. Engineering review of planning and/or zoning cases is for conceptual design
only. All development and engineering design shall be in conformance with
Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway
Design Manual; and current engineering policies, standards and best practices
at the time of application for construction.
2. The project does not appear to include any new development/disturbance.
PND Drainage Plan Review has no comments.
3. If there will be any improvements, Detailed Site Infrastructure Plans must be
submitted with the application for Building Permits
Please contact me with any questions.
Page 2 of 2
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
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 | 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 Legacy Recovery Center planning case(s). Please note the following MCESD
requirements for site development:
Onsite Wastewater –
A Minor Plan Review application must be submitted for any existing system(s) if being
utilized and if the applicant believes the existing system(s) are adequate in size to support
the new use; otherwise, a new septic permit/install may be required.
For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-
6666 or by email at septicquestions@maricopa.gov.
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: Legacy Recovery Center
Primary Contact Name: Heather Dukes
Planning Application Type: Special Use
Permit
APN(s): 304-81-013P
Reviewer: Ryan Hall, P.E.
Email: Ryan.Hall@maricopa.gov
Phone: 602-918-1241
Planner Name: Joel Landis
Planning Case #: SU240002
Date: August 14, 2024
Water and Waste Management Division
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Outlook
FW: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
From Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Date Mon 9/30/2024 11:49 AM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Monday, September 30, 2024 11:30 AM
To: PND PZAppeal <PNDPZAppeal@maricopa.gov>
Subject: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
Objection of Planning and Zoning Commission Recommendation Objection Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Objection of Planning and Zoning Commission Recommendation
Objection Form
If the Planning & Zoning Commission recommends approval of a particular case
it will be placed on a consent agenda for the Board of Supervisors hearing.
However, if this objection form is received within 15 calendar days following
Commission hearing, then the agenda item will be placed on the regular agenda
for the Board of Supervisors hearing.
Name
Anthony Clore
Email Address
anthony.clore@gmail.com
Address
24751 S Lindsay Rd
City
Chandler
State
Az
Zip Code
85249
Phone Number
(310)658-8486
Fax Number
Field not completed.
Case Number / Project
Name
SU240002/ Legacy Recovery Center
Planning & Zoning
Commission Hearing Date
09/26/2024
Reason for the Objection of
the Subject Case
Prior to the meeting 13 of the 15 parcels within 300 ft. of the
subject parcel submitted letters of opposition and materials
objecting to the increase. This information appears to not have
been part of the decision making process. Public discussion
was closed without opposition discussion. Simply stated this
facility currently exists in a zoned residential area, both county
island and city of chandler. The property is part of a deed
restricted community. ADA and Fair housing act recognize the
residents of the property as a family unit as does the
community, occupying a residence as a family under the
current size is permitted expanding the number of residence
under a special use permit is not aligned with the zoning or
deed restrictions. This facility is a for profit business that chose
to locate in a residential area on a deed restricted property and
is now seeking to change the rules to accommodate expanding
their business. Part of zoning is to prevent conflicts among
neighbors by establishing expectations. The RU -43 zoning of
the county island portion and the residential zoning of the
chandler portions designate the area as residential. Long
established homes and rural properties of the community
established deed restrictions to ensure commercial operations
were not established. Operating in a residence is permitted with
the legal definition of the residence being a family - obviously
Legacy can continue to operate; however increasing the the
residents beyond that allowed and seeking a special use permit
for business purposes should not be allowed. We are asking
the BOC to uphold the existing zoning requirements and
recognize the rights of the many home owning citizens
opposed to expanding a for profit operation. We recognize the
intended good work of treating recovering addicts, we
understand that living in a home or community may aid in the
transition. We are simply stating that operating the facility in a
residential area and conforming to the requirements of that
area in no way diminishes their operation. We are asking the
BOC retain the current zoning.
Electronic Signature
Agreement
I agree.
Electronic Signature
Anthony W. Clore
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This Message Is From an External Sender
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Outlook
FW: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
From Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Date Mon 9/30/2024 6:18 AM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Friday, September 27, 2024 6:29 AM
To: PND PZAppeal <PNDPZAppeal@maricopa.gov>
Subject: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
Objection of Planning and Zoning Commission Recommendation Objection Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Objection of Planning and Zoning Commission Recommendation
Objection Form
If the Planning & Zoning Commission recommends approval of a particular case
it will be placed on a consent agenda for the Board of Supervisors hearing.
However, if this objection form is received within 15 calendar days following
Commission hearing, then the agenda item will be placed on the regular agenda
for the Board of Supervisors hearing.
Name
Daniel Mominee
Email Address
dan@road39ranch.com
Address
14411 E. Vallejo St
City
Chandler
State
AZ
Zip Code
85249
Phone Number
4409916844
Fax Number
Field not completed.
Case Number / Project
Name
SU240002 / Legacy Recovery Center
Planning & Zoning
Commission Hearing Date
9/26/2024
Reason for the Objection of
the Subject Case
Prior to the meeting 13 of the 15 parcels within 300 ft. of the
subject parcel submitted letters of opposition and materials
objecting to the increase. This information appears to not have
been part of the decision making process. Public discussion
was closed without opposition discussion. Simply stated this
facility currently exists in a zoned residential area, both county
island and city of chandler. The property is part of a deed
restricted community. ADA and Fair housing act recognize the
residents of the property as a family unit as does the
community, occupying a residence as a family under the
current size is permitted expanding the number of residence
under a special use permit is not aligned with the zoning or
deed restrictions. This facility is a for profit business that chose
to locate in a residential area on a deed restricted property and
is now seeking to change the rules to accommodate expanding
their business. Part of zoning is to prevent conflicts among
neighbors by establishing expectations. The RU -43 zoning of
the county island portion and the residential zoning of the
chandler portions designate the area as residential. Long
established homes and rural properties of the community
established deed restrictions to ensure commercial operations
were not established. Operating in a residence is permitted with
the legal definition of the residence being a family - obviously
Legacy can continue to operate; however increasing the the
residents beyond that allowed and seeking a special use permit
for business purposes should not be allowed. We are asking
the BOC to uphold the existing zoning requirements and
recognize the rights of the many home owning citizens
opposed to expanding a for profit operation. We recognize the
intended good work of treating recovering addicts, we
understand that living in a home or community may aid in the
transition. We are simply stating that operating the facility in a
residential area and conforming to the requirements of that
area in no way diminishes their operation. We are asking the
BOC retain the current zoning.
Electronic Signature
Agreement
I agree.
Electronic Signature
Daniel S Mominee
Email not displaying correctly? View it in your browser.
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Outlook
FW: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
From Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Date Mon 9/30/2024 6:18 AM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Saturday, September 28, 2024 6:52 AM
To: PND PZAppeal <PNDPZAppeal@maricopa.gov>
Subject: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
Objection of Planning and Zoning Commission Recommendation Objection Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Objection of Planning and Zoning Commission Recommendation
Objection Form
If the Planning & Zoning Commission recommends approval of a particular case
it will be placed on a consent agenda for the Board of Supervisors hearing.
However, if this objection form is received within 15 calendar days following
Commission hearing, then the agenda item will be placed on the regular agenda
for the Board of Supervisors hearing.
Name
Marcus Gutierrez
Email Address
marcusguti@gmail.com
Address
24731 S Lindsay Rd
City
Chandler
State
AZ
Zip Code
85249
Phone Number
4802397106
Fax Number
Field not completed.
Case Number / Project
Name
SU240002/ Legacy Recovery Center
Planning & Zoning
Commission Hearing Date
10/23/24
Reason for the Objection of
the Subject Case
Prior to the meeting 13 of the 15 parcels within 300 ft. of the
subject parcel submitted letters of opposition and materials
objecting to the increase. This information appears to not have
been part of the decision making process. Public discussion
was
closed without opposition discussion. Simply stated this facility
currently exists in a zoned residential area, both county island
and city of chandler. The property is part of a deed restricted
community. ADA and Fair housing act recognize the residents
of
the property as a family unit as does the community, occupying
a residence as a family under the current size is permitted
expanding the number of residence under a special use permit
is not aligned with the zoning or deed restrictions. This facility is
a for profit business that chose to locate in a residential area on
a deed restricted property and is now seeking to change the
rules to accommodate expanding their business. Part of zoning
is to prevent conflicts among neighbors by establishing
expectations. The RU -43 zoning of the county island portion
and the residential zoning of the chandler portions designate
the
area as residential. Long established homes and rural
properties of the community established deed restrictions to
ensure
commercial operations were not established. Operating in a
residence is permitted with the legal definition of the residence
being a family - obviously Legacy can continue to operate;
however increasing the the residents beyond that allowed and
seeking a special use permit for business purposes should not
be allowed. We are asking the BOC to uphold the existing
zoning requirements and recognize the rights of the many
home owning citizens opposed to expanding a for profit
operation.
We recognize the intended good work of treating recovering
addicts, we understand that living in a home or community may
aid
in the transition. We are simply stating that operating the facility
in a residential area and conforming to the requirements of that
area in no way diminishes their operation. We are asking the
BOC retain the current zoning.
Electronic Signature
Agreement
I agree.
Electronic Signature
Gutierrez
Email not displaying correctly? View it in your browser.
This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.
Outlook
FW: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
From Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>
Date Mon 9/30/2024 6:18 AM
To
Joel Landis (PND) <Joel.Landis@maricopa.gov>
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Saturday, September 28, 2024 10:08 AM
To: PND PZAppeal <PNDPZAppeal@maricopa.gov>
Subject: Online Form Submittal: Objection of Planning and Zoning Commission Recommendation
Objection of Planning and Zoning Commission Recommendation Objection Form If the Planning & Zoning Commission recommends approval of a particular case it will be placed on a consent agenda for the Board of Supervisors hearing. However, if
ZjQcmQRYFpfptBannerStart
ZjQcmQRYFpfptBannerEnd
Objection of Planning and Zoning Commission Recommendation
Objection Form
If the Planning & Zoning Commission recommends approval of a particular case
it will be placed on a consent agenda for the Board of Supervisors hearing.
However, if this objection form is received within 15 calendar days following
Commission hearing, then the agenda item will be placed on the regular agenda
for the Board of Supervisors hearing.
Name
Renae Lindstrom
Email Address
renaelindstrom@cox.net
Address
3895 E Aquarius Pl
City
Chandler
State
AZ
Zip Code
85249
Phone Number
4802061067
Fax Number
Field not completed.
Case Number / Project
Name
SU240002 / Legacy Recovery Center
Planning & Zoning
Commission Hearing Date
9/26/2024
Reason for the Objection of
the Subject Case
We are homeowners for the past 25 years and we are
concerned this will bring down the property value of the homes
surrounding for resale and also concerned for the safety as
there are family and schools surrounding.
Electronic Signature
Agreement
I agree.
Electronic Signature
Renae Lindstrom
Email not displaying correctly? View it in your browser.
E Leo Pl
E Virgo Pl
S
G
ranite Dr
E Capricorn Pl
E Aquarius Pl
Lindsay Rd
304
81
013P
304
81
013Z
304
81
030
304
81
185
304
81
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304
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993
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304
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301 W. Jefferson St., Suite 170, Phoenix, Arizona 85003, (602) 506-3601
Document Path: \\gisteam.maricopa.gov\workgroup\patrick.dongarra\PND\OppositionCases\SU240002\SU240002.aprx
DISCLAIMER: This map is a graphical representation designed for general reference purposes only. Viewer/User agrees to indemnify, defend and hold harmless Maricopa County, its officers, departments, employees and agents
from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the use of this map, or the data contained herein, in its actual or altered form.
www.maricopa.gov/planning
Maricopa County OET, GIS Division, 10/2/2024
Ü
70
0
70
35
Feet
Opposition and Support
SU240002
Parcel
Subject Parcel
300' Buffer
Opposition Parcel
Supporting Parcel
All Opposition Parcels
All Supporting Parcels
300' Buffer Interior
300' Buffer Selection
Eligible parcels: 23
Supporting parcels: 0
Opposition parcels: 13
Supporting parcels sq ft: 0
Opposition parcels sq ft: 351,625
Subject parcels sq ft: 47,129
All area inside the 300' buffer sq ft:
483,561
All area inside the 300' buffer -
excluding subject parcel,
ROW and excluded parcels sq ft:
436,432
No-response parcels sq ft: 0
Super Majority opposed parcel acres:
81%
Super Majority opposed parcel number:
57%