06. Z2022019 PZ Report

Z2022019 
Page 1 of 9 
Report to the Planning and Zoning Commission 
Prepared by the Maricopa County Planning and Development Department 
 
 
 
Case: 
Z2022019 – Moon Valley Nurseries SUP 
 
 
 
 
 
Hearing Date: 
March 9, 2023 
 
Supervisor District: 
4 
 
 
  
 
Applicant: 
Adrienne Briceño, Merge Architecture Group 
 
Owner: 
Julie Blake  
   
Request: 
Special Use Permit (SUP) for a nursery holding and growing grounds 
as an interim industrial use in the Rural-43 zoning district 
 
  
 
Site Location: 
Generally located at the NEC of Pinnacle Peak Rd. & 87th Ave in the 
Peoria area 
 
  
Site Size: 
Approximately 4.24 acres 
 
Density: 
N/A 
 
County Island:  
No 
 
 
County Plan: 
Rural Development Area (0-1 d.u./ac) 
 
Municipal Plan: 
Peoria – Rural Residential – (1du/acre) 
 
Municipal Comments: 
None received to date  
 
Support/Opposition: 
1 letter of opposition 
 
Recommendation: 
Approve with conditions

Z2022019 
Page 2 of 9 
Project Summary: 
 
1. 
This request is for a ten (10) year special use permit (SUP) for interim industrial in the Rural 
-43 zoning district, specifically for a nursery holding and growing grounds for use by Moon 
Valley Nurseries. The same nursery currently operates the retail nursery on the adjacent 
parcel to the east under a separate, previously approved Special Use Permit (Z01-41). 
The retail business operations will continue to operate under the conditions set forth under 
Special Use Permit Z01-41 but the subject site of this application will not receive the public. 
Subject site business operations and equipment will not start prior to 7 a.m. and business 
operations will cease by 6 p.m. Site improvements consist of on-site retention, chip sealed 
paved parking areas for employees, drainage improvements, and employee parking lot 
striping. A dedicated delivery entrance only provides access to the site from Pinnacle 
Peak Rd., while exit is provided through the adjacent retail parcel to the east. Signage is 
not proposed with this SUP. The site currently has an existing 6’ high wrought iron perimeter 
fence and is screened by wholesale landscaping.  
 
2. 
The site is improved with an existing residence, appearing to have been built around 
December 1979. Per the narrative, the existing residence will be used to house 
workspaces for 5 employees during business hours. Any use of the residence associated 
with the Special Use Permit will require a Building Permit to retrofit the existing residence 
to meet current commercial building code requirements as applicable and shall obtain 
a Certificate of Occupancy for the retrofitted building prior to occupancy. The site has 
been graded without permit and has been subject to several violations: 
 
• 
V201900595 – Construction without permit – parcel grading and removal of 
vegetation; Closed status 
• 
V2001878 – Drainage inquiry; Closed status 
• 
V202100648 – Commercial business in residential district-Moon Valley Nursery; 
Admin remedy status. To be resolved with approval of this Special Use Permit. 
• 
V202101702 – Outdoor Lighting Inquiry; Closed status 
 
 
3. 
The applicant has provided a grading & drainage plan addressing the previously 
unpermitted grading and paving of the parking areas. The applicant intends to keep 
development standards for the underlying Rural-43 zoning and does not request any 
deviations. The Maricopa County Zoning Ordinance (MCZO) allows Rural zoning districts 
an 8’ maximum height for walls outside of the lot’s buildable area, or perimeter screening, 
but site screening itself is not required under Rural-43 zoning nor for wholesale nursery uses. 
The site is screened by a 6’ CMU wall from adjacent residences along the northern 
property line.

Z2022019 
Page 3 of 9 
Existing Rural-43 Zoning and surrounding Zoning Districts

Z2022019 
Page 4 of 9 
2022 Aerial Photograph 
 
 
 
Proposed Site Plan

Z2022019 
Page 5 of 9 
Proposed Grading & Drainage Plan 
 
 
 
 
Existing On-Site and Adjacent Zoning / Land Use: 
 
4. 
On-site: 
 
Rural-43 / Existing Residence – unpermitted Nursery Holding 
North: 
Rural-43 / Existing Residences 
South: 
Pinnacle Peak Rd then Rural-43 / Existing Residences 
East: 
Rural-43 / Permitted Retail Nursery 
West: 
87th Ave then R1-18 / Existing Residences 
 
 
Utilities and Services: 
 
5. 
Water: 
 
Sunrise Water Co. 
Wastewater: 
On-Site Septic 
Power: 
APS 
Solid Waste: 
Private 
School District: 
Peoria Unified School District 
Fire: 
City of Peoria 
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.   
 
Street Name 
Half-width Existing R/W 
Half-width Proposed R/W 
Future Classification 
Pinnacle Peak Rd 
25’ 
25’ (Dedicated) 
05-Principal Arterial

Z2022019 
Page 6 of 9 
87th Ave 
25’ 
25’ (Dedicated) 
02-Minor Collector 
 
Adopted Plans: 
 
7. 
Maricopa County Comprehensive Plan: Rural Development Area (0-1 d.u./ac) – the use 
is compatible with the rural development area as a semi-agriculturally oriented use 
without a retail component. Rural development includes agriculture-related and 
residential land uses with a density of one dwelling unit or less per gross acre. 
 
8. 
City of Peoria – Rural Residential - 1du/acre  
 
Public Participation Summary: 
 
9. 
The applicant submitted initial notification to interested parties and property owners 
within 300’ of the site on February 7th, 2023, which had been required to be sent within 30 
days of filing the SUP application. However, the site was posted with the required initial 
notice of public hearing as early as October 4th, 2022. A neighborhood meeting was not 
requested nor held; however, the applicant had received communication from two area 
residents, one of whom resides within 300’ of the subject site. Per the Final Citizen 
Participation Report, the resident living within 300’ of the subject site voiced concerns 
over noise, business operations, employee behavior and concerns over Moon Valley 
Nursery non-compliance with conditions of approval for the retail nursery adjacent east 
of the site. A second resident communicated concerns over water and wastewater uses 
on the subject site and the adjacent retail nursery site, along with concerns over the state 
of disrepair of a perimeter fence at the northernmost end of the retail parcel of the 
nursery that is not the subject of this application. All concerns regarding water and 
wastewater will require coordination with Maricopa County Environmental Services if a 
violation is found. This application request pertains to only the wholesale storage and 
growing plants on the subject parcel, not the retail component to the east. Staff mailed 
out the required Notice of Public Hearing postcard to property owners within 300’ of the 
subject site on February 21, 2023. Staff received direct communication from one of the 
area residents identified by the applicant. Concerns over water use, wastewater, and 
the dilapidated fence were discussed. Staff has included correspondence received by 
this individual along with the letter received by the resident within 300’ of the site. Staff 
would like to note that enforcement of any wastewater complaints will be addressed by 
Maricopa County Environmental Services. 
 
Outstanding Concerns from Reviewing Agencies: 
 
10. 
N/A 
 
Staff Analysis: 
 
11. 
Per the Final Citizen Participation Report, the applicant has assured that the operator 
Moon Valley Nurseries will continue to address neighborhood concerns as they are made 
aware, and previous concerns over employee behavior have been addressed. Per the 
applicant’s narrative, business operating hours for the wholesale site and the operation 
of equipment will be no earlier than 7 a.m. and no later than 6 p.m. No employees will 
remain overnight. Staff believes that the limited use of the site to non-retail wholesale 
storage and plant growing is compatible with the area, especially since the subject site

Z2022019 
Page 7 of 9 
is flanked on 3 sides by residences. Staff appreciates that the wholesale side of the nursery 
will provide perimeter landscaping on all sides facing public right-of-way and resident 
rear yards. Conditions have been recommended to ensure compliance with what is 
proposed, and consequences have been clearly outlined if any violations of conditions 
are found by any County regulatory agency. 
  
Recommendation: 
 
12. 
Staff recommends the Commission adopt a motion recommending that the Board of 
Supervisors approve Z2022019 subject to the following conditions ‘a’ – ‘l’: 
 
a. 
Development of the site shall be in substantial conformance with the Site Plan 
entitled “Moon Valley Nurseries“, consisting of 1 full-size sheets, dated 02/28/2023, 
and stamped received 02/28/2023, 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 “Moon Valley Nurseries”, consisting of four (4) pages, stamped 
received 01/26/2022, except as modified by the following conditions. 
 
c. 
All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. 
 
d. 
All transformers, back-flow prevention devices, utility boxes and all other utility 
related ground mounted equipment shall be painted to complement the 
development and shall be screened with landscape material where possible.  All 
HVAC units shall be ground-mounted or screened with a continuous parapet for 
commercial projects.   
 
e. 
The following Engineering conditions apply: 
 
1. Retention basin(s) must drain within 36 hours.  
2. Maintain a minimum 25 foot separation between septic facilities and the 
retention basins. 
3. 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.  
4. Traffic statement waiver has been approved by MCDOT (Laxmikanth Narwa) 
on 03-25-2022.  
5. Storage of materials, walls/fence, parking, wells, septic systems and storm 
water retention are prohibited in the (future) right-of-way.  
6. The subject premises is located within the County’s Urbanized Area. If 
disturbance of more than one (1) acre will occur, a Storm Water Pollution 
Prevention Permit (SWPPP), issued by the County (PND), will be required prior 
to issuance of any building permits required for site development.

Z2022019 
Page 8 of 9 
 
f. 
This special use permit is valid for a period of ten (10) years and shall expire on April 
12, 2033, 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. 
 
g. 
Prior to occupying the existing residence or any portion thereof for any use 
associated with the Special Use Permit, the applicant or owner shall obtain a 
Building Permit to retrofit the existing residence to meet current commercial 
building code requirements as applicable and shall obtain a Certificate of 
Occupancy for the retrofitted building prior to occupancy.    
 
h. 
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. 
 
i. 
All unpermitted structures shall obtain an issued permit within 90 days of the 
Board of Supervisors approval or be removed. 
 
j. 
Interior circulation and parking areas shall be dust-proofed with an approved dust 
palliative acceptable to the Department of Transportation and the Environmental 
Services Department. 
 
k. 
Noncompliance with any Maricopa County Regulation shall be grounds for 
initiating a revocation of this Special Use Permit as set forth in the Maricopa County 
Zoning Ordinance.  
 
l. 
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: 
Daniel Johnson, Planner 
Reviewed by: 
Matthew Holm, AICP, Planning Supervisor 
 
Attachments: 
Case Map (1 page) 
 
Site Plan (reduced 8.5”x11”, 1 page) 
 
Narrative Report (4 pages)

Z2022019 
Page 9 of 9 
 
Planning Engineering Comments (2 pages) 
 
MCESD comments (1 page) 
 
Resident Letters of Concern (3 pages)

MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
4
Gross Acres: 4.2 approx.
Generated March 1, 2023 08:12 AM
Z2022019
Application Name:
Legal Description
Moon Valley Nurseries EDR
Applicant
Case Address
T04N R01E 010,
Adrienne Briseno for MERGE ARCHITECTURAL GROUP
8616 W PINNACLE PEAK Rd
Applicant Phone/Email
Parcel Primary:201-15-196
480.276.6219
atn@mergeag.com
PEORIA AZ 85383
Map scale 1:1,545
Supervisor District No.
SPECIAL USE PERMIT REQUIRED FOR NURSERY HOLDING YARD AND GROWING GROUND TO SUPPLY
NURSERY NEXT DOOR.
5.3585 in

OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
PROPERTY LINE: 622.61'
S 89° 34' 09" E 
PROPERTY LINE: 622.81'
N 89° 37' 42" W 
PROPERTY LINE: 302.82'
N 00° 27' 50" E 
PROPERTY LINE:  302.18'
S 00° 38' 17" W 
APN: 201-15-196
OWNER: BLAKE JULIE
ZONING: RU-43
PROPOSED USE: NURSERY, WAREHOUSE
LOT SIZE: 184,777 SF
APN: 201-15-011K
OWNER: 8550 WEST 
PINNACLE PEAK LLC/HUMME 
CONNIE JO
ZONING: RU-43
CURRENT USE: NURSERY
(NOT IN SCOPE)
APN: 201-15-195A
OWNER: TOLEDO FAMILY TRUST
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 201-15-195B
OWNER: SMALLEY JOHN 
M/PATRICIA L
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 201-15-195C
OWNER: KELLEY JEFFREY 
D/SHARI L
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 201-15-195D
OWNER: COOPER DENIS 
F/DARLENE A
ZONING: RU-43
CURRENT USE: VACANT LOT
N 87TH AVE
W PINNACLE PEAK RD
R.O.W
25'-0"
R.O.W
25'-0"
R.O.W
90'-0"
W CAMINO DE ORO
W CAMINO DE ORO
APN: 201-15-025W
OWNER: MUNOZ GILBERTO A/DOLORES
ZONING: R1-18
CURRENT USE: RESIDENTIAL
APN: 201-15-025V
OWNER: FELIX & TERESA ESPINOZA LIVING TRUST
ZONING: R1-18
CURRENT USE: VACANT LOT
APN: 201-15-017K
OWNER: FELIX & TERESA ESPINOZA LIVING TRUST
ZONING: R1-18
CURRENT USE: RESIDENTIAL
APN: 201-15-017J
OWNER: CASTRO RAMON FLORES JR/YOLANDA E
ZONING: R1-18
CURRENT USE: RESIDENTIAL
APN: 200-08-458
OWNER: BROZ PHILLIP M/MARY L
ZONING: R1-18
CURRENT USE: RESIDENTIAL
N 87TH AVE
N 86TH AVE
APN: 200-08-046G
OWNER: EDRINGTON BROOKS/AMY
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-046E
OWNER: EDRINGTON BROOKS/AMY
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-046F
OWNER: EDRINGTON BROOKS/AMY
ZONING: RU-43
CURRENT USE: RESIDENTIAL
R.O.W
40'-0"
R.O.W
40'-0"
APN: 200-08-047G
OWNER: MARKOSIAN MAUREEN K/GARY T
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-047E
OWNER: MARKOSIAN MAUREEN K/GARY T
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-047F
OWNER: MARKOSIAN MAUREEN K/GARY T
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-048M
OWNER: ST ALBANS AMERICAN 
EPISCOPAL CHURCH INC
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-048K
OWNER: ST ALBANS 
AMERICAN EPISCOPAL 
CHURCH INC
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-048R
OWNER: ST ALBANS AMERICAN 
EPISCOPAL CHURCH INC
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-048Q
OWNER: SMITH JAMES B 
JR/MARGARET L
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-048N
OWNER: SMITH JAMES B 
JR/MARGARET L
ZONING: RU-43
CURRENT USE: RESIDENTIAL
APN: 200-08-048S
OWNER: SMITH JAMES B 
JR/MARGARET L
ZONING: RU-43
CURRENT USE: RESIDENTIAL
R.O.W
25'-0"
R.O.W
25'-0"
EDGE OF DIRT, TYP.
EDGE OF DIRT, TYP.
EDGE OF DIRT, TYP.
THIS LOT OUT OF SCOPE,
REFERENCE ONLY
EDGE OF DIRT, TYP.
EDGE OF DIRT, TYP.
ASPHALT
CENTERLINE OF ROAD
CENTERLINE OF AVENUE
CL OF EXISTING 
CONCRETE DRIVEWAY
EXISTING HOUSE TO 
REMAIN
EXISTING FENCE
EXISTING 6'-0" ROLLING 
GATE TO REMAIN
EXISTING 6'-0" 
ORNAMENTAL 
IRON FENCE, TYP.
EXISTING 6'-0" 
ORNAMENTAL 
IRON FENCE, TYP.
EXISTING 6'-0" ORNAMENTAL 
IRON FENCE, TO BE 
RELOCATED
EXISTING ENTRY, 
DELIVERIES ONLY
EXISTING ASPHALT
EXISTING PUBLIC 
ENTRY AND EXIT
EXISTING PUBLIC 
ENTRY AND EXIT
SETBACK
30'-0" INTERIOR SIDE
FRONT SETBACK
40'-0"
SETBACK
20'-0" STREET SIDE
SETBACK
30'-0" INTERIOR SIDE
R.O.W
40'-0"
R.O.W
40'-0"
R.O.W
40'-0"
R.O.W
40'-0"
EX. STREET LIGHT
EX. EDGE OF 
PAVEMENT
R.O.W BY OTHER
25'-0"
EX. SIDEWALK
EX. TANKS
TYP.
18'-0"
DRIVEWAY
28'-2"
EX. SHED
EX. PATIO COVER
EX. FENCE GATE
EX. GRAVEL DIRT & 
PLANT STORAGE 
AREA
NEW PAVEMENT, ABUT EXISTING
HEIGHT: 
15'-0"
18'-0"
NEW LOCATION OF 
EXISTING FENCE
DRIVEWAY
44'-7"
TYP.
18'-0"
34'-9"
28'-4"
EX. GRAVEL DIRT & 
PLANT STORAGE 
AREA
CL
ADA
17'-0"
NEW PARKING
15 PS @ 10'-0" = 150'-0"
CL
NEW PARKING
8 PS @ 10'-0" = 80'-0"
12'-0"
NEW RETENTION 
BASIN, SEE CIVIL PLANS
NEW RIPRAP, SEE 
CIVIL PLANS
TYP.
10'-0"
TO PROPERTY LINE
341'-8"
EQ EQ
281'-2"
64'-11"
32'-7"
14'-9"
5'-2"
55'-8"
70'-9"
EXISTING 6'-0" CMU BLOCK WALL
EXISTING OVERHEAD LINE TO REMAIN
SAWCUT FOR PAVEMENT
EXISTING GATE TO 
REMAIN
EXISTING ASPHALT TO BE DEMOLISHED
EXISTING ONSITE
WASTE SYSTEM
1315
1315
1314
1313
1312
1311
1311
1312
1313
EXISTING WATER METER
SEE CIVIL PLANS FOR 
CONTOUR LINES
1315
EXISTING ASPHALT TO BE DEMOLISHED, 
SEE CIVIL PLANS FOR EXTENTS
25X25' VISIBILITY 
TRIANGLES
EXISTING OVERHEAD 
LINE TO REMAIN
63'-7"
73'-11"
USE: NURSERY HOLDING YARD AND GROWING 
GROUND SUPPLY FOR NEIGHBORING LOT
PARKING REQUIRED:
PER MARICOPA COUNTY, SECTION 1102
COMMERCIAL SPACE: 3,819 SF / 250 SF = 
15 PARKING SPACES, INCLUDING 1 ADA
PARKING PROVIDED: 24 REGURAL SPOTS PLUS 
1 ADA  = 25 PARKING SPOTS TOTAL
PROJECT DATA 
APPLICANT:
MERGE ARCHITECTURAL GROUP
ADRIENNE BRISENO
600 N 4TH STREET, SUITE 112
PHOENIX, AZ 85004
PHONE: 602.635.1581
EMAIL: atn@mergeag.com
OWNER:
JULIE BLAKE
8616 W PINNACLE PEAK RD
PEORIA AZ 85383-1826
ASSESSORS PARCEL NUMBER: 201-15-196
EXISTING ZONING: RU-43
EXISTING USE: RURAL RESIDENTIAL/ NURSERY
PROPOSED USE: RURAL RESIDENTIAL/ NURSERY
REQUEST: SUP FOR MOON VALLEY NURSERIES
PROPERTY ADDRESS:
8616 W PINNACLE PEAK RD
PEORIA AZ 85383-1826
LEGAL DESCRIPTION:
SW4 SW4 SE4 EX S 40F PER DKT/PG 11775/745 & EX 
W 40F PER DKT/PG 1343/536 & EX N 322F
PROJECT DESCRIPTION: 
THE OWNER INTENDS TO USE THE LOT AS A 
NURSERY HOLDING YARD AND GROWING GROUND, 
TO SUPPLY THE NURSERY LOCATED EAST. 
PROPOSED CONST. TYPE:
NO NEW CONSTRUCTION PROPOSED
LOT SALES PROPOSED:
NO
PROPOSED BLDG HEIGHT:
NO NEW CONSTRUCTION PROPOSED
ALLOWED BLDG HEIGHT: 30'-0"
LOT COVERAGE: ALLOWED - 25%
EXISTING MAIN BLDG INCL OVERHANG: 3,012 SF
SHED: 195 SF
PORCH: 92 SF
PATIO: 262 SF
TANKS: 258 SF
TOTAL COVERAGE AREA: 3,819 SF
TOTAL LOT AREA: 184,777 SF (4.24 ACRES)
COVERAGE: 2.1%
REQ'D YARD SETBACKS:
NORTH (INTERIOR SIDE): 30'
SOUTH (STREET): 20'
EAST (INTERIOR SIDE): 30'
WEST (FRONT): 40'
PROPOSED YARD SETBACKS:
NORTH (INTERIOR SIDE): 30'
SOUTH (STREET): 20'
EAST (INTERIOR SIDE): 30'
WEST (FRONT): 40'
UTILITIES:
WATER: SUNRISE WATER CO
ELECTRIC: APS
POLICE/FIRE: CITY OF PEORIA
SCHOOL DISTRICT: PEORIA UNIFIED #11, PEORIA 
UNIFIED SCHOOL DISTRICT
APPLICABLE CODES:
2012 INTERNATIONAL BUILDING CODE
2012 INTERNATIONAL PLUMBING CODE
2012 INTERNATIONAL MECHANICAL CODE
2012 INTERNATIONAL FUEL GAS CODE
2012 INTERNATIONAL GREEN 
CONSTRUCTION CODE
2012 INTERNATIONAL ENERGY 
CONSERVATION CODE
2012 INTERNATIONAL EXISTING BUILDING CODE
2011 NATIONAL ELECTRIC CODE
W/ ALL THE COUNTY'S CODE AMENDMENTS ADOPTED.
PARKING CALCS 
1
2 
3 
4 
5
6
7
8 
9
10
11 
12
13
14 
15 
1
2 
3 
4 
5
6
7
8 
9
10
11 
12
13
14 
15 
A
B
C
D
E
F
G
H
J
K
L
A
B
C
D
E
F
G
H
J
K
L
600 N  4th  ST, SUITE  112
PHOENIX ARIZONA 85004
P (602) 635 1581  
F (602) 635 1581
cam@mergeAG.com
cdc@mergeAG.com
DATE
SHEET
SHEET TITLE
COPYRIGHT
THIS DRAWING IS AN INSTRUMENT OF SERVICE 
ONLY AND IS AND SHALL REMAIN, EXCLUSIVE 
PROPERTY OF THE ARCHITECT. NO 
REPRODUCTION OR OTHER USE SHALL BE MADE 
BY ANY PERSON OR FIRM WITHOUT THE EXPRESS 
WRITTEN PERMISSION OF THE ARCHITECT. ANY 
UNAUTHORIZED USE SHALL VOID THE 
ARCHITECT'S SEAL AND SIGNATURE HEREON AND 
NO  PROFESSIONAL LIABILITY WILL REMAIN.
PROJECT NO.
REVISION
SEAL
OWNER INFORMATION
PROJECT
W PINNACLE PEAK RD
N 87TH AVE
N 83RD AVE
N 91ST AVE
PROJECT 
LOCATION
A001
02.28.23
SITE PLAN
21C-023
MOON VALLEY NURSERIES
8616 W PINNACLE PEAK RD PEORIA 85383
JULIE BLAKE
MOON VALLEY NURSERIES
8616 W PINNACLE PEAK RD PEORIA 85383
1" = 40'-0"
SITE PLAN
1
NUMBER
DESCRIPTION
DATE
1
COUNTY REVISION
02.28.23
40'
80'
160'
0'
N
1
02/28/2023
Z2022019 RCVD 02/28/2023

600 N 4th Street, Suite 112, Phoenix, Arizona 85004  |  P (602) 635.1581   |   F (602) 635.1581 
 
 
Title Page 
 
 
 
Moon Valley Nurseries 
 
 
 
 
 
Location: 8616 W PINNACLE PEAK RD PEORIA 85383 
 
Case/tracking number: V202100648, PA2021194 
 
APN: 201-15-196 
 
Vicinity Map: 
 
 
 
 
 
 
 
 
 
Z2022019 RCVD 1/26/22

Merge Architectural Group LLC 
                         600 N 4th Street, Suite 112, Phoenix, Arizona 85004  |  P (602) 635.1581   |   F (602) 635.1581 
 2 
Purpose of Request 
 
The purpose of this request is to obtain a Special Use Permit for Moon Valley Nurseries to 
operate as a nursery holding yard and growing ground, to supply nursery next door. The property 
located on 8616 W PINNACLE PEAK RD PEORIA 85383. 
 
 
Description of Proposal 
 
The Special Use Permit will allow the parcel to function as a nursery holding yard and growing 
ground, to supply the nursery located East of this site. The eastern lot is maintained also by Moon 
Valley Nurseries, and is the lot where people can park and do business. There will be no equipment 
running prior to 7am, nor after 6pm. There will be no new construction on the property, and the 
existing residence houses five employees which work only during business hours. No new utilities will 
be installed, and site won’t be tampered with. No one will use the gate along 87th Avenue, and the gate 
along Pinnacle Peak is for deliveries exclusively. There won’t be any signage either. 
 
 
Relationship to Surrounding Properties 
 
 
Moon Valley Nurseries has been operating in the area for the past 20 years, and they have a 
good relationship with the neighbors, listening to their comments and concerns, and always willing to 
work with them to achieve peace and prevent further problems.  
The current zone of the parcel is RU-43, which is a Rural zone. The neighbors at the North, 
East and South have also RU-43 zoning, on the West they’re all R1-18 which is residential. RU-43 can 
be “plant nurseries and greenhouses for the propagation, cultivation and wholesale distribution of 
plants”, as stated in the Zoning Ordinance. 
The surrounding properties are all residential and ecclesiastical, with a couple of vacant lots: 
there’s a church south of the existing nursery, and most of the residences are located farther from the 
street along Pinnacle Peak Rd. The area is more rural, with a sparse amount of landscape, and 
compacted dirt as turf. 
On the northern side of the lot, the residences are separated by CMU walls, and the houses are 
also very separated from the lot in question. There are more residences across from 87th Avenue, also 
separated a bit from the street, and farther from the lot. There are no sidewalks surrounding the 
property, but neither do the residences. 
  
There’s an existing house within the lot which houses the only five employees of the site, and 
only work during business hours. The property is enclosed with an iron fence, with the trees and 
shrubs surrounding the existing house, and lined up along the fences.   
 
 
 
Location and Accessibility 
 
 
Although this is a commercial use within a rural and residential area, this business fits in its 
context because they’re bringing more landscape, beautifying the area with its greenery, just like a 
farm with crops. The trees can serve as buffers between the residences and the business, minimizing

Merge Architectural Group LLC 
                         600 N 4th Street, Suite 112, Phoenix, Arizona 85004  |  P (602) 635.1581   |   F (602) 635.1581 
 3 
the use of heavier construction materials. Just by having more trees, we can bring the vicinity’s much-
needed pollinators, and enrich the site with their benefits.  
 
The nursery is accessible by car only, just like the other businesses and residences in the 
vicinity. Because it’s a rural area, the places are farther apart from each other, and it’s car-dependent. 
The nursery has ADA parking and has a paved entry, which makes it easier for people to come and 
enjoy the business as needed.  
 
 
Circulation System 
 
 
The site is intended to be holding and growing grounds, to serve the nursery next door. Clients 
will not have access to this site, but if they happen to go in, there aren’t any sidewalks that they can 
use to roam throughout the parcel, which would prompt them to go back to the eastern lot. Only 
workers will be at the parcel of 201-15-196. 
 
 
Development Schedule  
 
 
This project has only one phasing, and it’s obtaining the Special Use Permit to continue using 
the lot as a nursery holding yard and growing grounds. 
 
 
Community Facilities and Services 
 
 
High School District: Peoria Unified #11 
 
Elementary School District: Peoria Unified School District 
Parks: Peoria Sunrise Mountain Preserve, The Meadows at Camino a Lago HOA Park, 
Thunderbird Conservation Park 
 
Commercial Plaza: Lake Pleasant Towne Center, Happy Valley Center 
 
 
 
 
Public Utilities and Services 
 
Electricity: Arizona Public Service (APS) 
 
Water: Sunrise Water Co 
 
Sewer: Septic system on property. 
 
Fire/Police: City of Peoria

Merge Architectural Group LLC 
                         600 N 4th Street, Suite 112, Phoenix, Arizona 85004  |  P (602) 635.1581   |   F (602) 635.1581 
 4 
Other information: aerial map (not to scale) 
 
 
 
 
 
 
 
Sincerely,  
  
Adrienne Briseño 
Merge Architectural Group, LLC 
Architectural Designer

James Philbin, P.E. 
Planning & Development 
301 W Jefferson St, Suite 170 
Phoenix, Arizona 85003 
Phone: (602) 372-4362 
www.maricopa.gov/planning 
Email address: 
James.philbin@maricopa.gov 
Maricopa County 
Planning & Development Department 
Engineering Plan Review 
  
 
 
 
Date:    
February 03, 2023 
 
Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & 
Development 
 
Attn: 
Daniel Johnson, Planner, Planning & Development Services 
 
 
From: 
James Philbin, P.E., Engineer, Planning & Development Services 
 
cc: 
Michael Norris, P.E., Engineering Manager, Planning & Development 
 
Subject:   
 Z2022019 Special Use Permit for Nursery   
 
 
APN(s): 
201-15-196   
Job Site Address: 8616 W Pinnacle Peak Road, Peoria, AZ 85383 
 
PND Engineering plan review (DPR, FCDMC and MCDOT) has reviewed the 3rd 
submittal of the Grading and Drainage Plan for the subject application, with a routing 
date of January 24, 2023, and has no objections subject to the following comments: 
 
 
Standard Stipulations 
 
 
1. Retention basin(s) must drain within 36 hours. 
 
2. Maintain a minimum 25 foot separation between septic facilities and the retention 
basins.   
 
3. 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. 
 
4. Traffic statement waiver has been approved by MCDOT (Laxmikanth Narwa) on 
03-25-2022.   
 
5. Storage of materials, walls/fence, parking, wells, septic systems and storm water 
retention are prohibited in the (future) right-of-way.

6. The subject premises is located within the County’s Urbanized Area. If disturbance 
of more than one (1) acre will occur, a Storm Water Pollution Prevention Permit 
(SWPPP), issued by the County (PND), will be required prior to issuance of any 
building permits required for site development.   
 
 
Please contact me if you have any questions or require any additional information.

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: February 15, 2022 
 
TO : 
Daniel Johnson, Planning & Development Dept. 
 
 
Planner 
 
 
 
 
 
 
 
FROM: Souren Naradikian, P.E. 
 
 
Senior Civil Engineer 
 
SUBJECT: SPECIAL USE PERMIT FOR NURSERY. Z2022019 
 
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 request for SPECIAL USE PERMIT FOR 
NURSERY at APN # 201-15-196. Water will be provided by Sunrise Water Co, ATC 
must be approved prior to construction permit approval if applicable. Sewer Septic 
system on property. MCESD has concern, NOID must be approved prior to construction 
permit approval.(Minor plan review approval) 
 
Based on the above, MCESD raised no objection to this project to the Planning & 
Development Department in Accela Automation on February 15, 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.

1
Adrienne Teran
From:
Juan T <taphxaz@gmail.com>
Sent:
Thursday, September 29, 2022 2:46 PM
To:
Adrienne Teran
Subject:
8616 W. Pinnacle Peak RD Peoria 85383
Good afternoon Adrienne Briseno, 
 
I received your letter informing us that Moon Valley is seeking a special use permit for this lot, thank you. 
Although I appreciate that you reached out to us about the special use permit, this letter is at least three years too late. 
Moon Valley Nurseries has been allowed to move into the lot and do whatever they wanted with no concern with the 
adjacent neighbors nor the RU-43 Zoning Regulation AT ALL. It is obvious that Mrs. Blake knew, back in March of 2018, 
what she was going to do with the lot and here we are in 2022 and she is now reaching out to her neighbors?  
 
Moon Valley has been The Bully next door for years. I have talked to Management on several occasions, in person, via 
email and letter and nothing really changed. They have had no regard for their neighbors. They have been a nightmare, 
so much so that we have had to call the Sheriff at least on two occasions because of extremely loud music after 10:00 
PM. We have had to contact flood control because of all of the grading they were doing, we were concerned about our 
lots since all four lots north of them flow into their lot, then we found out they were doing it without a permit. We have 
had to report them to the Arizona Environmental department for dust violations many times (I believe 8 times, I will 
have to look through the file.) We have had to file Zone Violation complaints with the Maricopa County Code 
Compliance office an unreal amount of times (Again, I will have to look at the file) but Officer Duncan has records of the 
complaints.  
 
Both my wife and I work from home have been dealing with years of harassment that included running their 
tractor/loaders starting sometimes at 4:50 AM, Yelling all of the time, having their delivery semi trucks driving 
through our neighborhood to unload on our streets (87th Ave), Running Gas blowers non-stop for 8 hours, having their 
phone ring over the P.A, system (like a 1980 car dealership), Backup alarms on everything they have (this is the most 
ANNOYING NOISE IN THE WORLD, specially when you are on the phone with a customer), employees looking over our 
block fence, throwing beer bottles/water bottles into our yard and to top it all off, I caught three different employees 
following me home to see where I lived, are they trying to intimidate or harass us? It has been such a nightmare that I 
have had to install security cameras on my house and my shop, I also had to retain legal counsel.  
I have over 150 sound files, emails, pictures and videos. 
 
One day, out of severe frustration and anger, I was searching online for something to help me with this problem and I 
found a copy of the Special use permit they have for the other lot. In that permit it explains exactly what my 
neighborhood and Moon Valley had agreed to. Surprise! Moon Valley was violating almost everything in the agreement. 
I once again contacted Maricopa County Code compliance, now more upset than ever since now I'm blaming them for 
not taking action on Moon Valley for years, that finally Officer Duncan did something about it. Officer Duncan has talked 
to the #2 in the company (he did not disclose his name) and he apologized for what has been going on and said that it 
will not happen again. A few days after that, Moon Valley's Manager was opening the facility before 7:30 AM in Violation 
to the Special Use Permit.  
 
Here are our Requirements for supporting the Special use permit: 
 
1) No Change to the 7:30 AM to 5:30 PM Operating Hours unless it's to move it to 8:00AM 
2) No Backup Alarms of any kind at any time. OSHA requires alarms when the operator cannot see behind them AND 
they don't have a spotter. (Find a spotter if they cannot see behind them.)

2
3) To prevent employees from looking over our wall and to cut down on the noise we would like to suggest adding one 
or two rows of blocks to the block wall that separates us. 
4) We need to have a way to communicate with upper management when violations occur. Writing email, sending 
letters and talking to "Local" management takes Way too long and has not been effective, that's why we have had to 
reach out to the county agencies for help. 
    For example, as of this week, the Back-up Alarms have started again. Who do I contact today? 
 
Please let me know if you have any questions, 
 
Sincerely, 
 
Juan Toledo 
8645 W. Camino De Oro 
Peoria, AZ 85383

1
Daniel Johnson (PND)
From:
Linda Patterson <paullindapatterson@hotmail.com>
Sent:
Sunday, February 5, 2023 5:36 PM
To:
Daniel Johnson (PND)
Subject:
IN REGARDS TO COUNTY ISLAND / CASE#Z2022019
Attachments:
20230203_143821.jpg; 20230203_143937.jpg; 20230203_144001.jpg; 20230203_143946.jpg; 
20230203_144336.jpg
Follow Up Flag:
Follow up
Flag Status:
Flagged
 
 
 
Dear Mr. Johnson,  
             I appreciate you calling me back last week. As you know I have lived in the county 
island located in North Peoria for almost 40 years. Several years ago, a little old man asked a 
few neighbors if they cared if he sold a few plants from his property. A few years later Moon 
Valley moves in.   
As the Moon Valley Nursery has located their business on what I believe to be 
residential property RU‐43, may I suggest a natural vegetation barrier be planted around the 
existing metal fence located along pinnacle peak and 87th Avenue?  Moon Valley could be a 
good neighbor and use this type of vegetation on the back side of their business as well and fix 
the dilapidated fencing.  
All that aside, what really bothers me most is all the water waste. I understand they 
have their own private well.  With that said, they appear to have no regard for wasting the 
water.  Often water is running down the street and I stop and tell them about it.  
In conclusion I can only say that I guess it was Moon Valley’s thought possibly that it was 
better to ask for forgiveness than permission when placing the nursery where it is.  I have 
attached a few pictures as further proof of the water running out on the side of the 
street.   Please let me know if you recieve this email and the attached pictures.  
 
Thank you, 
Linda Patterson 
602 319 7567