CPA2022003 Z2022091 PZ Handout Memo

Maricopa County — Planning & Zoning (2023-06-08)

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DATE:  
June 6, 2023 
 
TO: 
 Planning & Zoning Commission   
 
From: 
 Adam Cannon, AICP, Senior Planner 
 
SUBJECT: 
 CPA2022003 & Z2022091 – Meadows at Rocking Horse Ranch 
 
 Residential Treatment Program    
 
 Agenda Items: #2 & 3 
 
 
 
Since the publishing of the staff report, staff received a letter from a neighboring property owner 
(Mr. Dennis Schlarbaum) to the subject site (APN#506-06-027R).  The letter is not a letter of 
opposition or support, but expresses a concern related to the use of an existing access gate 
present on the Meadows property.   
 
Image of Access Gate 
 
 
 
 
 
 
 
 
 
 
 
 
 
Location of Gate Between Properties

Mr. Schlarbaum states that individuals park on his property and also utilize the access gate to the 
site which blocks access to his property and other neighboring property owners using another 
road (Pepperwood Circle).  Additionally, he states that he believes he has the right to remove the 
gate and block access to the property. 
 
Staff contacted the Mr. Schlarbaum for additional information; however, Mr. Schlarbaum has not 
reached back out to staff regarding the matter.  The applicant spoke with Mr. Schlarbaum, and 
informed him that they would have no concerns with moving or removing the access gate.  
Ultimately, staff believes this to be a civil matter to be resolved between private property owners 
and easement right beneficiaries.   
 
Attachments: 
 
Public Correspondence (4 pages)

From:
William F. Allison
To:
dennis@loosehorseranchaz.com
Cc:
Hannah Bleam; Adam Cannon (PND); Brian Whitmer
Subject:
RE: Case#CPA2022003 - Meadows
Date:
Monday, June 5, 2023 3:24:39 PM
Attachments:
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Mr. Schlarbaum-
 
This firm represents Meadows Behavioral Health regarding application
CPA2022003.  Adam Cannon with Maricopa County Planning & Development
forwarded your email regarding the gate and signage near San Domingo Trail
and Peperwood Drive, both shown on the aerial photos below.
 
I spoke with Brian Whitmer at Meadows, copied on this email, this morning
about the gate and access issues.  Meadows does not use San Domingo Trail to
access its property and did not erect the gate and signs.  Meadows has no
concerns about the gate being removed or moved – whichever you and your
neighbors prefer.  It sounds like this can be resolved fairly simply.
 
Here is Mr. Whitmer’s telephone number.  He’d be happy to discuss the gate
with you.  602.348.1538. 
 
Thank you!
 
Bill Allison
 
 
William F. Allison, Esq.
Withey Morris Baugh, PLC
2525 E. Arizona Biltmore Cir, Ste A-212
Phoenix, AZ 85016
602-346-4615-direct
 
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From: Adam Cannon (PND) <Adam.Cannon@maricopa.gov> 
Sent: Monday, June 5, 2023 10:29 AM
To: William F. Allison <bill@wmbattorneys.com>
Cc: Hannah Bleam <hannah@wmbattorneys.com>
Subject: RE: Case#CPA2022003 - Meadows
 
Bill,
 
I think he's referring to this gate just north of San Domingo Trail.

-----Original Message-----
From: dennis@loosehorseranchaz.com <dennis@loosehorseranchaz.com> 
Sent: Friday, June 2, 2023 8:04 AM
To: Adam Cannon (PND) <Adam.Cannon@maricopa.gov>
Subject: Case#CPA2022003 - Meadows
 
Adam Cannon - Senior Planner
 
Ref: Case # CPA2022003 & Z2022091   Meadows At Rocking Horse Ranch
Planning & Zoning - Notice of Public Hearings
 
I am submitting this information as an adjacent property owner: Parcels #503-06-014, 025, 005
 
I have no concerns regarding the project but have a continuing issue with the access to the stated
parcel # 503-06-027R  From my property and Pepperwood Circle there is a gate to the stated
property.  The gate has Fish & Game signs posted.
Checking with the Fish & Game Dept - these signs were not posted by them and were falsely
attached..
The use of this access gate creates continuing issues - the blocking of the Pepperwood access - the
parking of vehicles on my property blocking full access to tenants living on the property.- and the
adjacent property owner which uses the Pepperwood access.
 
I believe I have the right to remove the gate and block access to the stated parcel but look for a
more reasonable alternative.
 
My concern is that this project will only create more useage and abuse of the gated access and
further and continuing disregard to my tenants and property.
 
Look forward to your response and resolution.

Dennis Schlarbaum
Schlarbaum Family Trust
18210 West Moonlight Mesa Rd
Wickenburg, AZ  85390
562-755-0088
dennis@loosehorseranchaz.com