08. MCP2022004 PZ Report
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MCP2022004
Page 1 of 9
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
MCP2022004 - Lorimor
Hearing Date:
April 20, 2023
Supervisor District:
4
Applicant:
Philip Woolbright, A & B Homes Inc
Owner:
Ellis Lorimor
Request:
Military Compatibility Permit (MCP) with Plan of Development for RV, boat,
semi, and farm equipment storage, material and part storage, trash and
debris storage, machinery repair, and 24/7 site security in the Rural – 43
MAAMF district within the LDN 80 noise contour
Site Location:
Generally Located 560’ east and 610’ south of the SEC of Olive Ave. and
142rd Ave. in the Glendale Area
Site Size:
Approximately 5 acres
Density:
N/A
County Island:
Yes (Glendale, Surprise, and El Mirage)
County Plan:
White Tanks / Grand Ave. Area Plan – Military Compatibility
Municipal Plan:
Glendale – Luke Compatible Land Use Area
Municipal Comments:
None received to date
Support/Opposition:
None known
Recommendation:
Approve with conditions
MCP2022004
Page 2 of 9
Project Summary:
1.
The applicant proposes to use the site for a myriad of outdoor storage and related uses. This
includes RV, boat, semi-truck and trailer, farm equipment, and other large vehicle storage,
mechanical repair services, aggregate material storage, and temporary debris storage.
Repairs will be conducted in an existing shop building on the northwestern portion of the subject
lot. There will be 110 stalls on site for large vehicle storage. The narrative states onsite forklifts
and excavators will be used to move and load the aggregate material. The applicant is also
proposing 24/7 on site security. The applicant is also requesting to waive the requirement for
Sight Visibility Triangles (SVTs), front, rear, and side setbacks of 5’, and establish a standard of
12 required parking stalls on site.
2.
There are two active violation cases on the subject property. The first, V202102324, was opened
on December 8, 2021, for multiple businesses operating on property as well as occupied RVs on
site. The violation was substantiated by a Code Enforcement Officer on January 27, 2022. The
second violation, V202200866, was opened on April 27, 2022, for junk, trash, and debris, parking
trucks and trailers on site, burning trash, and occupied RVs. The complaint was substantiated by
County staff on June 2, 2022. The applicant filed for a pre-application meeting, PA2022033, which
was held on March 22, 2022, to discuss potential entitlement for the uses on site to resolve
V202102324. The applicant filed for a Use Compatibility and Consistency Determination (UCCD)
from Luke Air Force Base (LAFB), UC2022004 on March 4, 2022. The subject case, MCP2022004,
was applied for on June 9, 2022, and the Technical Advisory Committee (TAC) meeting was held
on August 2, 2022. In response to staff concerns over proposed uses that were not included with
the original UCCD, the applicant filed for a second UCCD, UC2022026, which more accurately
portrayed the uses proposed in the subject case on December 5, 2022.
3.
The following table shows the proposed MCP contrasted against the development standards of
the Rural-43 zoning districts (standards in bold will deviate from the base zoning district or
applicable ordinance standard).
REGULATION
BASE RURAL-43
ZONING DISTRICT
PROPOSED MCP
Max. Height
30’
30’
Min. Front Yard
40’
5’
Min. Side Yard
30’
5’
Min. Rear Yard
40’
5’
Min. Lot Area
43,560 sq ft
43,560 sq. ft.
Min. Lot Width
145’
145’
Max. Lot Coverage
25%
25%
Sight Visibility
Triangle
25’ x 25’
None Required
MCP2022004
Page 3 of 9
Zoning Map
2022 Aerial Image
MCP2022004
Page 4 of 9
Zoom In of Subject Site
Excerpt From Site Plan
4.
The proposed site will be accessed via a private easement that leads to 143rd Ave. to the west.
The site will contain 110 parking stalls for the storage of large vehicles. These vehicles are to
include RVs, boats, construction vehicles, semi-trucks and trailers, farm tractors/combines, and
similar vehicle types. In addition to the vehicle parking there will be space for outdoor storage of
aggregate materials, farm equipment and materials, and construction equipment. Solid site
screening is proposed around the entire parcel. The site will have a 24/7 security presence, which
will be supported by the two security trailers on site. The proposed site plan contains solid
screening around the whole parcel with a combination of CMU block walls and tin panel fencing.
MCP2022004
Page 5 of 9
The applicant proposes twelve parking stalls, with one compliant to ADA standards, which meets
minimum parking requirements. The site will meet minimum paving requirements.
Existing On-Site and Adjacent Zoning / Land Use:
5.
On-site:
Rural – 43 MAAMF / Unentitled Business
North:
Rural – 43 MAAMF/ Residential (existing prior to December 31, 2000)
North:
Rural – 43 MAAMF MCP / GT Hauling
South:
Rural – 43 MAAMF MCP/ RV Storage
East:
Rural – 43 MAAMF / Agricultural
West:
Rural – 43 MAAMF / Plant Nursery
Utilities and Services:
6.
Water:
On-site Well
Wastewater:
On-site Septic
School District:
Dysart Unified School District
Fire:
Rural Metro Fire Department
Police:
Maricopa County Sheriff’s Office
Right-of-Way:
7.
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.
Street Name
Half-width Existing R/W
Half-width Proposed R/W
Future Classification
Olive Ave
33’
75’
Principal Arterial
Adopted Plans:
8.
White Tank / Grand Ave Area Plan – Military Compatible (adopted December 6, 2000): This land
use designation is reserved for parcels within the state-statute defined High Noise or Accident
Potential Zone of Luke Air Force Base. Uses should be restricted to those that have been deemed
consistent and compatible with the Air Force base.
9.
City of Glendale– Luke Compatible Land Use (Adopted April 26, 2016): This land use designation
is reserved for parcels in land surrounding Luke Air Force Base delineated by the 1988 Air
installation compatible use zone 65 LDN noise contour. Use should comply with requirements
laid forth in ARS 28-8481.
Public Participation Summary:
10.
The applicant met the minimum Public Participation requirements by posting the site with two
signs alerting neighbors of the proposed zoning entitlement and sent mailers to all property
owners within 300’ of the subject property via USPS. The applicant indicated that none of the
efforts generated any response via the summary provided to staff.
Outstanding Concerns from Reviewing Agencies:
11.
N/A
MCP2022004
Page 6 of 9
Staff Analysis:
12.
The site is adjacent to an entitled RV/Boat storage to the south, a landscape nursery to the west,
and an active farm to the east. There are some existing residences to the north, however the
adjacent properties are within the MAAMF and therefore there will be no additional residential
uses in the immediate area of the subject site. As such, the site is appropriate for outdoor storage
uses such as the ones proposed by the applicant. Staff does have some concerns over the
intensity of the proposed use as well as potential for the site to operate outside of the bounds of
what LAFB deemed compatible via UC2022026. The site is the subject of two active violation
cases that include uses that would not be compatible with LAFB operations such as RVs being
used for overnight lodging and burning of trash and debris. Additionally, the applicant expressed
a desire for additional uses on site during the TAC meeting that would have included allowing
long haul truck drivers to rest on site overnight. While these uses are not included in the
applicant’s official request, staff has concerns that they may creep onto the site overtime. As
such, staff recommends several conditions in regards to the intensity of uses to ensure use of
the property remains compatible with LAFB operations and also does not become a nuisance to
the residents to the north of the site. These include prohibiting overnight stays on the property,
prohibiting burning of any kind on site, limiting height of stored material to 10’, and requiring sight
screening of a minimum 8’ to the north. Images provided below demonstrate visual impact the
use has on the adjacent homes. The images clearly show large piles of stored aggregate material
that tower over the area as well as large vehicles and semi tailers parked up to the northern
property line.
Google Street View Image From Olive Ave. Facing South
Zoom in Red Rectangle from above Image
MCP2022004
Page 7 of 9
Google Street View Image from Litchfield Rd. Facing West
13.
In addition to the proposed storage and repair uses, the applicant is requesting several site
specific standards. The first is a 5’ front, rear, and side yard setback. Staff has no concern with
the reduced setback on the east, west, or south lot lines as they are not nor will never be adjacent
to residential uses. However, there is concern with the reduced setback to the north, as there are
four residential properties adjacent to the northern lot line. Staff feels that requiring an 8’ screen
wall to the north will help mitigate concerns over the reduced northern setback. This screening is
only an effort to maintain integrity of the existing residential properties. Staff notes their located
inside the MAAMF and as such any redevelopment will be for a non-residential use.
14.
The applicant is also requesting to waive the 25’ by 25’ sight visibility triangle requirement on
site. Staff has no concern over this request as the site is accessed via a private easement that
terminates at subject property and thus SVTs on site would serve little purpose. Lastly the
applicant is requesting to establish a requirement for 12 customer parking stalls on site. Staff
feels this is an appropriate amount of parking given the low traffic generation from the proposed
uses.
15.
Staff notes the applicant raised objections to the conditions as presented. The applicant provided
comment on the conditions, suggesting several either be eliminated all together or altered to a
degree that would diminish their purpose beyond practicality. A copy of the applicant’s notes is
included in the case attachments. Staff worked closely with LAFB to craft several of the
conditions and staff’s recommendation of approval hinges entirely on the conditions as
presented. Furthermore, some of the suggested changes by the applicant such as allowing on-
site burning, would cause disruptions to LAFB operations. Simply put, there are strong concerns
over the intensity of activity onsite. These concerns are not appropriately by the recent responses
from the applicant. As such, staff strongly recommends the conditions as presented remain as-
is.
MCP2022004
Page 8 of 9
Location of Private Easement to site Shown in Green
Recommendation:
16.
Based on the reasons outlined in this report, staff recommends the Commission adopt a motion
recommending that the Board of Supervisors approve MCP2022004 subject to the following
conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the Site Plan entitled
“Vehicle Storage Facility“, consisting of 2 full-size sheets, dated November 11, 2022, and
stamped received February 16, 2023, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative Report
entitled “Assessor Parcel Number 501-42-975”, consisting of 4 pages, dated February 16,
2023 and stamped received February 16, 2023 except as modified by the following
conditions.
c.
The following Rural-43 MAAMF MCP standards shall apply:
1. Max. Height: 30’
2. Min. Rear Setback: 5’
3. Sight Visibility Triangle: None Required
d.
The following Planning Engineering conditions shall 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 if the Maricopa County Zoning Ordinance; Drainage Policies and Standards;
MCP2022004
Page 9 of 9
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.
Based on the conceptual design nature of the information submitted, changes to
the site layout may be necessitated by the final engineering design of the site’s
drainage infrastructure.
3.
Detailed Grading and Drainage (Site Infrastructure) Plans and Drainage Report
must be submitted with the application for Building Permits
e.
No persons shall be permitted to lodge or stay on the property overnight aside from the
existing residential use and site security.
f.
Burning of any material, or any use that may produce smoke, excessive dust, or any other
activity that interferes with Luke AFB operations is prohibited.
g.
Outdoor storage of materials may not exceed 10’ in height.
h.
Minimum 8’ solid screening along northern lot line.
i.
Prior to issuance of a building permit, written confirmation will be required from the
emergency fire protection jurisdiction having authority that the facility has been designed
in accordance with their regulations and requirements, and that emergency fire protection
service will be provided to the facility. Prior to issuance of the certificate of occupancy,
local fire protection jurisdiction review and approval will be required.
j.
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.
Presented by:
Joseph Mueller, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 2 pages)
Narrative Report (4 pages)
MCDOT comments (2 pages)
MCESD comments (1 page)
DPR comments (2 pages)
LAFB Comment (1 Page)
Correspondence with Applicant (4 Pages)
Applicant Comments on Draft Conditions (2 Pages)
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 5 approx.
Generated March 30, 2023 11:22 AM
MCP2022004
Application Name:
Legal Description
Lorimor EDR
Applicant
Case Address
T03N R01W 033,
Phillip Woolbright for A and B Homes Inc
Applicant Phone/Email
Parcel Primary:501-42-975
928.793.4346
phillipwoolbright@gmail.com
Map scale 1:1,625
Supervisor District No.
MCP
5.3585 in
’
’
’
’
SIGN
SIGN
Narrative
RE: Assessors Parcel Number 501-42-975
(Military Compatible Permit) MCP2022004
Prepared by:
A and B Homes Inc
8826 W. Alice ave
Peoria AZ 85345
9287934346
Olive Ave
143 Ave
Subject
North
Purpose of Request
This request is for the issuance of a Military Compatibility Permit to allow
flexability with the development of uncovered parking of most any type of
vehicle to include but not limited to farm equipment, construction vehicles,
boats, RVs, Trucks that are not storing hazardous material and uncovered
various parts and equipment for construction including but not limited to
various storage bins or skids with parts for equipment and construction,
materials of Agregates, sand, millings, dirt, firewood, trash piles for haul
away, concrete, lumber to roofing products and an equipment or general
repair shop in the barn. The purpose of this request will not LIMIT uses of
the property that are compatible with an MCP/UCCP and Luke AFB and
shall be as close to IND3 zoning as described herein (while maintaining
proper retention and storm drainage calculations) with an existing, occupied
Single Family Home Residence, Barn with a general repair shop,
employees and dry storage, out buildings to remain on the property to the
west. Employees consist of 1-2 repair shop personnel, security personnel
on the site with a security office trailer on the east side corner of the site
and west side of the site as customers access the site 24/7. Aggregates
and parts, equipment, are hauled after loaded by excavators or forklift,
when purchased by customers as needed and stored as renters of the site
area need the facilities.
Description of Proposal
Ellis Lorimor will develop a location to, repair, park and storage of RVs,
Trucks, Farm Equipment, material aggregates, parts for construction and
equipment on a currently zoned RU-43 property of approximately 5 acres
with 110 Large Parking Stalls. Customers of storage and repair shall attend
the site with an ADA bathroom available for the disabled customers with 11
regular parking places for customers and 1 ADA Accessible parking stall at
5% of the parking (see chart attached). Any lighting added shall conform to
code however lighting already exists on the house and barn.
The property shall be developed with uncovered parking, with a perimeter
sight screening and security fencing, retention area, lockable gate and site
screened from other properties. The site screening will be designed and
approved by the county prior to construction. On the south side of the
property an existing 6 ft block wall is in place, on the east bobbed wire
fencing, on the north and west, new site screening wall details to screen the
site from neighbors shall be installed with metal panels mounted on poles.
Relationship to Surrounding Properties
This development will complement the rapid growth of Residential
development in the surrounding areas; other properties in the immediate
area are mostly vacant or offering parking for Farm Equipment,
Construction Materials, RVs, Motorhomes, Travel Trailers, Boats, and other
related vehicles including other sites surrounding the property with
Nurseries, aggregate storage and parts storage. While the intent of this
space for the last 30+ years has been used as a firewood business and
used to store other vehicles such as farm equipment, excavation
equipment, trucks, material, cars, and a commercial basis etc. the need for
entitlement now is to rectify the code compliance violations levied against
the property for use without proper entitlements that have been
grandfathered in prior to any code compliance regulations existing.
The immediate area of the subject parcel consists of large parcels that
appear to have been primarly used for agriculture some time ago. Now days
they look to be dormant, with the exception of the commercial nursery that
borders the subject parcel to the west, RV storage to the south and a few
Residential properties to the north on large parcels of land. This is in the
vicinity of the Luke Airforce base and homes in this area are not the
suggested best use of the property compared with commercial or
agricultural type parking and uses similar to IND3 zoning but in line with
UCCD allowances. No new residential is requested with this permit.
Location and Accessibility
The subject site has access across an easement to the west and connected
to 143rd Avenue, approximately 950 feet South of Olive Avenue.
Development Schedule
(6-9 months) – Zoning case, plus conduct civil site improvements including
grading, drainage, sight wall installation.
Community Facilities and Services
None proposed.
Public Utilities and Services
Water- Private Well/Water System
Telephone – Qwest
Electric – Arizona Public Service
Gas – Southwest Gas
Cable TV – Cox Communications
Sewer- Private Septic
Refuse - Waste Management
Police - Maricopa County Sheriff’s Office
Fire – Rural Metro Fire Department
Phillip Woolbright, President
Planning & Development
Department
301 W Jefferson St
Phoenix AZ 85008-6526
(602) 506-7629
(602) 506-3711 fax
Internet: www.maricopa.gov/planning
Please use the following table, with the blank spaces filled in to the
standards needed:
REGULATION
BASE ZONING
DISTRICT
REGULATIONS
(Rural - 43)
PROPOSED ZONING
REGULATIONS (Rural – 43 MCP)
Height
30’
30’
Min. Front Yard
40’
Min. Side Yard
30’
Min. Rear Yard
40’
Min. Lot Area
43,560 sq ft
43,560
Min. Lot Width
145’
145’
Max. Lot Coverage
25%
25%
Parking
1102.1.5 – One stall
per 600 ft of floor area
___ # of stalls
Sight Visibility Triangle
25’ by 25’ SVTs on
either side of driveway
6) Include the maximum capacity of storage parking stalls (number of
RV/boat/truck/equipment stalls) on site in the narrative.
Grading and Drainage Plan
7) ADA parking stalls must be provided on the grading and drainage plan
(minimum 5% of overall parking). ADA stall dimensions are 12’ by 18’ per
MCZO
5'
5'
5'
110 Large Parking Stalls
12 Customer Parking
Stalls including ADA
SVT should be waived on
this project similar to
other 2020 MCPs
applications using the
same easement.
Low traffic and easement
acts as a driveway not a
street.
I:\TSM Traffic Development\2. Traffic Study Waivers\Lorimor_MCP2022004\TS Waiver_APN 501-42-975_MCP2022004.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 of 1
Project Name: Lorimor Storage Facility
Location: APN 501-42-975
MCDOT File No.: MCP2022004
Date: June 28, 2022
Reviewer: Laxmikanth Narwa, P.E.
Phone No.: 602-506-8677
Consultant: A and B Homes Inc By Phillip Woolbright
Project No.:
Plans Sealed By : Not Applicable
Consultant Code:
A = Will Comply B = Deleted
C = Consultant to Evaluate
Item
Number
Sheet
Number
Comments
Consultant
Reply
= = =
= = =
1st REVIEW (TS)
Consultant: Please use the code and respond to each comment in the
Consultant Reply Column. This sheet is for our record, please answer every
question and sign and date your acknowledgement or the plans will be
sent back to complete the process. Send back the marked-up plans and a
new set of plans along with this comment sheet. Thank you for your
cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
Review Comments:
County estimates that the proposed site would generate fewer than 100 peak
hours trips and have negligible impact on MCDOT roadways surrounding the
site; therefore, the request for traffic statement waiver has been approved.
The Traffic Statement Waiver is Approved.
Signature: _____________________________________ Date: ___________
Use CODE
"A", "B","C"
in this column
next to every
comment.
= = = =
Subdivision, Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management Division
DATE: June 27, 2022
TO :
Joseph Mueller, Planning & Development Dept.
Planner
FROM: Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT: MCP parking of farm equipment material cars and trucks. MCP2022004
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development Department
for the above referenced project. This project is a request for MCP parking of farm
equipment material cars and trucks at APN 501-42-975. According to the submitted
documents, water and sewer services will be provided by Private Well/Water System
and Private Septic, MCESD has concerns, ATC/NOID must be obtained prior to
construction permit approval if applicable.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department in Accela Automation on June 27, 2022 and the project
may proceed at this time subject to the following stipulations:
Condition: None.
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. 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 regulations in force at the time of
application.
Anh Harambasic, PE
Planning & Development
301 W. Jefferson St., Suite 170
Phoenix, Arizona 85003
Phone: (602) 506-3611
www.maricopa.gov/planning
email address:
Anh.Harambasic@maricopa.gov
Maricopa County
Planning & Development Department
Date:
March 6, 2023
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning &
Development
Attn:
Joseph Mueller, Planner, Planning & Development Services
cc:
Bob Fedorka P.E., Engineering Supervisor, Planning and
Development
From:
Anh Harambasic, PE, Plans Examiner Engineer, Planning &
Development
Subject:
MCP2022004- Military Compatible Permit Zone Change
APN(s):
501-42-975
Summary- Request for MCP to allow development of dust free parking lot for farm
equipment, material, construction vehicles and equipment, cars and trucks.
Engineering Review has reviewed the 3rd plan and report routed for review on
2/16/2023, for the subject application and has no objections provided that any
approvals include the following stipulations:
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. Based on the conceptual design nature of the information submitted, changes
to the site layout may be necessitated by the final engineering design of the
site’s drainage infrastructure.
3. Detailed Grading and Drainage (Site Infrastructure) Plans and Drainage Report
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
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
301 W. Jefferson St. Suite 170 ▪ Phoenix, AZ 85003 ▪ (602) 506-7629 ▪
Joseph.Mueller@maricopa.gov
561 ➢Internet: www.maricopa.gov/planning
TO:
Phillip Woolbright, A & B Homes
DATE:
April 7, 2023
FROM:
Joseph Mueller, Planner
RE:
Lomiror
CASE #:
MCP2022004 – Draft Conditions
The draft staff recommendation and conditions for the above case are as follows:
Based on the reasons outlined in this report, staff recommends the Commission adopt a motion
recommending that the Board of Supervisors approve MCP202204 subject to the following
conditions ‘a’ – ‘j’:
a.
Development of the site shall be in substantial conformance with the Site Plan
entitled “Vehicle Storage Facility“, consisting of 2 full-size sheets, dated November
11, 2022, and stamped received February 16, 2023, except as modified by the
following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Assessor Parcel Number 501-42-975”, consisting of 4 pages,
dated February 16, 2023 and stamped received February 16, 2023 except as
modified by the following conditions.
c.
The following Rural-43 MAAMF MCP standards shall apply:
1. Max. Height: 30’
2. Min. Rear Setback: 5’
3. Sight Visibility Triangle: None Required
d.
The following Planning Engineering conditions shall 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 if 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.
Planning & Development
Department
301 W Jefferson ▪ Phoenix, AZ 85008 ▪ (602) 372-0318 ▪ (602) 506-3711 fax
➢Internet: www.maricopa.gov/planning
2.
Based on the conceptual design nature of the information submitted,
changes to the site layout may be necessitated by the final engineering
design of the site’s drainage infrastructure.
3.
Detailed Grading and Drainage (Site Infrastructure) Plans and Drainage
Report must be submitted with the application for Building Permits
e.
No persons shall be permitted to lodge or stay on the property overnight aside
from the existing residential use and site security.
f.
Burning of any material, or any use that may produce smoke, excessive dust, or
any other activity that interferes with Luke AFB operations is prohibited.
g.
Outdoor storage of materials may not exceed 10’ in height.
h.
Minimum 8’ solid screening along northern lot line.
i.
Prior to issuance of a building permit, written confirmation will be required from
the emergency fire protection jurisdiction having authority that the facility has
been designed in accordance with their regulations and requirements, and that
emergency fire protection service will be provided to the facility. Prior to issuance
of the certificate of occupancy, local fire protection jurisdiction review and
approval will be required.
j.
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.
6ft - 6inches per approved engineered plans
30ft per approved engineered plans
Luke Airforce
Base shall be
notified of the
dates that Burning
of material shall
take place.
Reasonable
accomodations
shall be made to
both parties so
normal business
operations can
continue.
This issue has been discussed -Rural Metro fire protection services is at the discretion of the property owner.
Maricopa County has a mechanism, method in place at the time of the
application to insure compliance to property uses. However, each
opinion of any alleged violation must be adjudicated by Due Process of
Law ... A County opinion of violation alleged upon any of the
agreements, policies or property condition shall not be considered as a
valid reason for removal of the MCP designation. There is no agreement
to allow the county, without due process of law, to remove the MCP
without the landowners consent.
With the exception of the exiting Residential Use and approved site security,
no person shall habitat lodging overnight, however, allowable normal business
operations can continue 24hr./7days a week.
1
Joseph Mueller (PND)
From:
Joseph Mueller (PND)
Sent:
Monday, April 10, 2023 2:50 PM
To:
Phil Woolbright
Subject:
RE: MCP2022004 - draft conditions
Phillip,
As a quick recap of our previous conversation I advised that staff is not amenable to the requested revisions you
provided to the draft conditions. Staff has worked in coordination with Luke Air Force Base, as well as taken the
violation cases on the property into consideration when drafting the conditions. It is your right to request the Planning
and Zoning Commission to revise one or more than one of the conditions as proposed by staff. As noted during our
phone conversation it may be an uphill battle to gain approval without the conditions as drafted by staff.
If you have any specific questions for council please email them to me and I will be happy to forward them to the
attorney that works with our department.
Kind Regards,
Joseph Mueller
PLANNING & DEVELOPMENT
301 W Jefferson St Phoenix, AZ 85003
Planner
O: 602-506-7629
MARICOPA.GOV
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From: Phil Woolbright <phillipwoolbright@gmail.com>
Sent: Monday, April 10, 2023 1:39 PM
To: Joseph Mueller (PND) <Joseph.Mueller@Maricopa.Gov>
Subject: Re: MCP2022004 - draft conditions
Joseph
It may be productive to have your county attorney person that drafted the MCP Draft Conditions to give me a
call if the language in the corrected draft is not misunderstood. What person at the county drafted this letter
regarding this MCP?
Phillip Woolbright
President,
A and B Homes Inc.
8826 W Alice Ave Peoria AZ 85345
ROC 170715
Cell 928 793 4346
Licensed Real Estate Sales Agent
2
DeLex Realty, Scottsdale AZ
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On Mon, Apr 10, 2023 at 9:42 AM Phil Woolbright <phillipwoolbright@gmail.com> wrote:
I have lunch today with the property owner. I will report to you with the conditions that will need to change
later this afternoon.
Phillip Woolbright
President,
A and B Homes Inc.
8826 W Alice Ave Peoria AZ 85345
ROC 170715
Cell 928 793 4346
Licensed Real Estate Sales Agent
DeLex Realty, Scottsdale AZ
CONTAINED IN THIS ELECTRONIC MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE RECIPIENT(S)
NAMED ABOVE. This message may contain information that is privileged, confidential and exempt from disclosure under applicable
law. If the reader of this message is not the intended recipient, or an agent responsible for delivering it to the intended recipient,
you are hereby notified that you have received this electronic message in error and that any review, dissemination, distribution or
copying of this message is strictly prohibited. If you have received this electronic message in error, please notify us immediately
and delete the original message from your system. Thank you
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On Mon, Apr 10, 2023 at 7:59 AM Joseph Mueller (PND) <Joseph.Mueller@maricopa.gov> wrote:
Phillip,
Please let me know today. We would not be amenable to removing any conditions outright (you may request the
Planning Commission to do so), however, I may be able to make minor tweaks if you think there is a way to make any
of the conditions acceptable to you and the property owner.
3
Joseph Mueller
PLANNING & DEVELOPMENT
301 W Jefferson St Phoenix, AZ 85003
Planner
O: 602-506-7629
MARICOPA.GOV
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From: Phil Woolbright <phillipwoolbright@gmail.com>
Sent: Saturday, April 8, 2023 6:36 AM
To: Joseph Mueller (PND) <Joseph.Mueller@Maricopa.Gov>
Subject: Re: MCP2022004 - draft conditions
I will speak with the owner however I am fairly confident that the language in items F, G, H, I, j will not be favorable
and will be required to be modified or eliminated.
On Fri, Apr 7, 2023, 11:17 AM Joseph Mueller (PND) <Joseph.Mueller@maricopa.gov> wrote:
Good morning Phillip,
Please find the draft conditions attached. I may be able to make some minor revisions if you have concerns over
wording. If so, let me know by COB on Monday, April 10. Any substantial changes will have to be requested of the
Planning and Zoning Commission during your presentation.
Kind regards,
4
Error! Filename not specified.
Joseph Mueller
PLANNING & DEVELOPMENT
301 W Jefferson St Phoenix, AZ 85003
Planner
O: 602-506-7629
MARICOPA.GOV
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