Maricopa County – Report to the Planning and Zoning Commission (TPD2102036)

Project Summary:

1. * The applicant, Alan Beaudoin of Norris Design on behalf of the property owners, Susan and Brent Bailey, request a Special Use Permit (SUP) for a new wedding venue on an approximately 2.6-acre property in the Rural-43 zoning district. The subject property is APN: 503-52-003J located at 31241 N. 159th Avenue, in the Surprise area, approximately 700 ft. southeast of the SEC of White Wing Road and 159th Avenue (subject property). According to recent aerial photography, the subject property comprises an existing residence and three accessory buildings, one of which will be removed as part of the proposed development. The SUP includes a new 25 ft. x 75 ft. accessory building (i.e. event barn with terrace), 45 ft. x 8 ft. pedestrian bridge, a free-standing sign, parking area, outdoor lighting, fences, curbs and landscaping. The total proposed lot coverage is approximately 7,577 sq. ft or 7% of the total property area where up to 25% lot coverage is allowed (MCZO Art. 503.5.4). Requests for several waivers to base Rural-43 development standards and other provisions of the MCZO are included in this SUP, as described below.

1. According to County records, the current parcel was created on August 1, 2001 as one of two parcels split from a parent parcel. The existing single-family residence (SFR) and 30.4 ft. x 39 ft. detached garage were built in 2005 under County building permits B20040588 and B200405989 (respectively). Aerial photographs show the construction of the SFR and detached garage between 2004 and 2006 with construction of the other two existing accessory buildings occurring between 2007 and 2008. According to the current deed, the current owners purchased the property on April 23, 2020. The current SUP request was submitted to Planning and Development on June 19, 2020 and a virtual Technical Advisory Committee (TAC) Meeting was held on July 21, 2020. Staff research found no outstanding fees owed and no existing Code violations on the subject property.

1. A 15 ft. wide public utility easement (PUE) and overlapping 10 ft. wide ingress/egress easement runs east/west along the south property line. The location of the ingress/egress easement makes the south the front of the property, and accordingly, the north the rear and the east and west interior sides. The 40-ft. Front setback extends north from the north edge of the 10 ft. wide ingress/egress easement, while the 40-ft. rear and 30-ft. interior sides extend from the property lines (MCZO Art. 503.4).

1. The proposal includes three new structures within, or partially within, the required 40-ft. front yard setback: The freestanding sign would be entirely within the front setback, at the north edge of the 10-ft. wide ingress/egress easement, which is not permitted per MCZO Art. 1402.1.1. but the location is included in the proposed SUP standards. The proposed pedestrian bridge would lie approximately 27.4 ft. north of the 10-ft. wide ingress/egress easement and the proposed event barn would lie approximately 36.2 ft. north of the 10-ft. wide ingress/egress easement. The resulting, total proposed coverage of the front yard is approximately 187 sq. ft. or 1% of the front yard area where no above ground buildings (0% coverage) are allowed (MCZO Chapter 2 “Yard, Front” and Art.1106.2). The Rural-43 zone does not allow freestanding signs for residential uses or commercial uses such as the proposed wedding venue (MCZO Sec. 1402). While the proposed freestanding sign does not comply with several of the development standards applicable to signs in the Rural-43 zone, it does comply with the commercial signage regulations of MCZO Arts. 1403.1.1 and 1403.2.3. The Rural-43 zone does not provide for commercial uses, including commercial screening standards. The proposed wedding venue is a commercial use similar in intensity to at least the C-O zone, which requires 6 ft. tall, solid walls and suitable planting at rear and side property boundaries to screen adjacent rural or residentially zoned properties (MCZO Art. 802.9.2). The current proposal includes landscaping along the north, west and south property boundaries, and a combination of landscaping and fencing along the east property boundary to provide screening of the adjacent rural and residentially zoned properties. 25 ft. Sight Visibility Triangles (SVTs) would be required for a commercial use and would be applicable on the north and south sides of the driveway, at the southwest corner of the subject property, and on the north and south sides of White Wing Road, on the east side of 163rd Avenue (MCZO Arts. 1111.4.2 and 1111.4.3); however, the applicant has requested to waive all SVTs.

1. The following table is included to illustrate and contrast the applicable development standards of the Rural-43 and other provisions of the MCZO with those proposed for the project (Note: changes to base standards are indicated in bold).

*MCZO 1111.4.2 and 1111.4.3

**MCZO 1402.1, 1402.2 and 1402.5

^MCZO 802.9.2

1. The proposed wedding venue is anticipated to operate from September through May, annually. Events will not begin before 8:00 a.m. and will end by 10:30 p.m. with typical event attendance of 80 – 125 guests with a maximum of 150 guests. No live music will be used for events and any amplified music will be directed away from surrounding properties. Development of the project is anticipated to occur in two phases: the majority of the proposed development would occur under the first phase with several subsequent improvements anticipated under a second phase of development. A private well and on-site septic system currently serve the property and will remain; however, the well and septic system (and existing bathrooms) will not be used by guests under phase 1 development. Rather, catering services will provide drinking water and rented/leased mobile, ADA-accessible bathroom facilities will be used until later development provides permanent restroom facilities in association with second phase improvements of the existing septic system.

1. Access to the property is provided by 163rd Avenue and a southern extension of White Wing Road, which is an ingress/egress easement that extends approximately ¾ mile east from 163rd Avenue to the subject property. White Wing Road runs southwest to northeast on several properties, including Bureau of Reclamation (503-52-004B), Arizona State Land Department (503-52-004C), and four, privately owned properties. The access road is unpaved and crosses several significant washes. The applicant proposes to pave White Wing Road under phase 1 development with asphalt millings from 163rd Avenue to the subject property to address concerns from County Engineering and the City of Surprise.

2020 Aerial Photograph of Subject Property

Rural-43 Zoning and Adjacent Jurisdiction (City of Surprise)

Excerpt of Current SUP / Site Plan (North is to the Left)

Proposed Property Access (“Southern” White Wind Road)

Existing On-Site and Adjacent Zoning / Land Use:

1. On-site:                      Rural-43 / Single-Family Residential North:      Rural-43 / Vacant

South:                         Residential Ranch (RR) (City of Surprise) / Vacant

East:                            Rural-43 / Vacant

West:                          Rural-43 / Vacant

Utilities and Services:

Right-of-Way:

1. 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.

Adopted Plans:

1. White Tank / Grand Avenue (adopted December 6, 2000): The Area Plan designates the subject property for Rural Densities (0-1 d.u./ac.).

1. City of Surprise, General Plan 2035 (adopted December 19, 2015): The General Plan designates   the   subject   property   for   Neighborhood,   Rural,   Suburban,   Urban (0-8+ d.u./ac.).

Public Participation Summary:

1. The applicant complied with the Maricopa County Citizen Review Process with the required posting of the site and notification by first class mail to adjacent property owners within 300′ of the subject property and interested parties.

1. To date, Staff has received two opposition comments from Ms. and Mr. Lebhart, who own the vacant, neighboring property to the south of the subject property. The applicant and property owners held a virtual meeting with Ms. and Mr. Lebhart on August 4, 2020 and a follow-up meeting of the same parties occurred August 12, 2020. The meetings were to discuss the Lebharts’ concerns about the proposed wedding venue, which were conveyed to staff in an opposition comment email, dated August 22, 2020. Staff emailed the Lebharts on December 2, 2020 to determine if their opinion had changed. Staff received a response email from the Lebharts on December 9, 2020 stating that their comments of August 22, 2020, and their opposition to the proposed wedding venue, still stand. The Lebharts’ second opposition comment is dated January 27, 2021 and it reiterates many of the concerns expressed in the Lebharts’ original comment. These comments are part of the project record. The Lebharts’ state that they purchased their property in 2001 because it is remote, with excellent views and the benefits of relative isolation, but with good freeway access. The Lebharts’ are concerned that the privacy and value of their property will be diminished with increased traffic on White Wing Road, and potential noise, light, drainage and other quality of life issues associated with the proposed wedding venue.

Outstanding Concerns from Reviewing Agencies:

1. Staff received a neutral comment letter from Mr. Robert Kuhfuss, Current Planning Supervisor, City of Surprise, dated August 17, 2020, which made several requests but did not express support or opposition to the proposal. The applicant provided a letter of responses to the City of Surprise comments, dated September 23, 2020, which has been made part of the project record. Staff attempted to contact Mr. Kuhfuss several times via telephone and email, from September 3, 2020 to December 2, 2020 to verify the City of Surprises’ position on the proposal, but there was no response to these inquiries. Because there was no response, staff assumes the City of Surprises’ concerns have been addressed.

1. * Staff received an email comment of concerns from Eric Kriwer, Deputy Chief/Fire Marshal, Community Risk Management Division, Arizona Fire and Medical Authority (AFMA), dated January 20, 2021. The email expresses concerns about access, water supply, low water crossing to the west, and occupancy (assembly) and requests more detail regarding occupancy requests specifically. Mr. Kriwer previously commented that the subject property is in the boundaries of the AFMA and that “The Authority [AFMA] will respond to any emergency at that location” in a “will serve” letter dated June 15, 2020 (attached to the project narrative). Staff received a comment letter from the AFMA dated January 25, 2021 identifying concerns about fire equipment access to the site, including the need to improve low water crossings on the access road and occupancy issues regarding the potential use of the existing residence for event related activities. Staff received an email comment, dated January 27, 2021, describing a meeting between the property owner and AFMA to discuss the issues described above in an attempt to find resolution; however, the AFMA concerns described in the January 25, 2021 AFMA letter remain unresolved.

Staff Analysis:

1. The proposed wedding venue is allowed in the Rural-43 zone as a Special Use, per MCZO Art. 1301.1.11. and the proposed use, including the property screening, access route paving, and stated limitations on the number of events (seasonal and daily hours of operation), appears appropriate for the surrounding development and land use patterns. There is a City of Surprise Residential Ranch (RR) designated property to the south and an existing, apparent residential use approximately 450 ft. to the west of the subject property on a Rural-43 zoned property, with Rural-43 zoned properties to the north east and west of the subject property (although the property to the east is owned by the Bureau of Reclamation). The SUP process provides for the requested modifications of the Rural-43 development standards, subject to Planning and Zoning Commission recommendation and Board of Supervisors approval (MCZO Art. 1301.5). The requested deviations of development standards do not appear to impose undue aesthetic, quality of life, or safety-related issues on neighboring properties or the fronting roadways and appear appropriate to provide for the proposed use.

1. * As noted above, a “will serve” letter was issued by the AFMA on June 15, 2020, but subsequent AFMA review of the project has raised several concerns as discussed in the AFMA comment letter of January 25, 2021 and follow-up email of January 27, 2021. It appears the AFMA concerns described in the January 2021 email and letter supersede the June 15, 2020 “will serve” letter. In Staff’s opinion most of AFMA’s concerns can be addressed by off-site modification of the access road and minor additions to the current site plan. Accordingly, Staff recommends approval of the current SUP with a condition of approval requiring that a new “will serve” letter must be obtained prior to building permit approval in order to assure that the AFMA’s concerns will be resolved before operation of the proposed wedding venue may commence.

Recommendation:

1. For the reasons outlined in this report, staff recommends the Commission motion for Approval, subject to conditions ‘a’ – ‘i’.

1. Development of the site shall be in substantial conformance with the Site Plan entitled “Bailey Wedding Venue“, consisting of 1 full-size sheet, dated December 16, 2020 and stamped received December 17, 2020, except as modified by the following conditions.

1. Development of the site shall be in substantial conformance with the Narrative Report entitled “Bailey Wedding Venue”, consisting of 30 pages, dated November 6, 2020, and stamped received November 6, 2020, except as modified by the following conditions.

1. The following Planning Engineering conditions shall apply:

1. Retention basins within the parking lot must go according to the Maricopa County Drainage Policies and Standards Manual Standard 6.10.7. The requirements for the retention in the parking lot are:
   1. Maximum depth is 1-ft
   2. Parking lot retention areas shall not be adjacent to buildings and not be sited in travel lanes.
   3. No more than 25% of the parking lot area may be used for stormwater storage.
   4. The minimum longitudinal slope permitted within parking lot storage facilities is 0.005 ft/ft, unless concrete valley gutters are provided.

1. At the time of the Building permit, the Engineered Grading and Drainage Plans will need to address the Erosion Setback/Protection. Identify the limits of 100-year inundation (floodplain limits). The erosion setback is measured from that limit or top of bank, whichever is more conservative. For more information on Erosion Setback see link:

https://new.azwater.gov/sites/default/files/SS5-96SystemSedimentBalance.pdf

1. At the time of the Building permit, the calculations to show the pedestrian bridge can cross the Paddelford Wash without inundating the buildings in the area.

1. At the time of the Building permit, the maximum retention basin side slope is 4:1.

1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards.

1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction.
2. The applicant should be aware that there is a FEMA Zone AE Floodplain on the property. The wash is Paddelford Wash Split 5 from the Padelford Wash Flood Delineation Study (Contract #99-12). For more information regarding the floodplain in the area, contact Jennifer Lynch of the District at (602) 506-3320. Identify the limits of the floodplain on the G&D’s. The applicant should be aware that a Flood Control Permit will be required at the time of the Building Permit.

1. The Proposed Event Barn has part of the structure in the floodplain. The structure must go according to the Floodplain Regulations of Maricopa County. See link: https://www.maricopa.gov/DocumentCenter/View/630/Floodplain-Regulations- for-Maricopa-County-PDF?bidId=

At the time of the Building Permit a Flood Control Permit will be processed with the Building Permit. The building will need to go according to the Floodplain Regulations. Prior to finalizing the Building Permit Inspections, an Elevation Certificate in the FEMA format will need to be submitted, reviewed, and approved.

1. The following Maricopa County Environmental Services Department (MCESD) condition shall apply:

1. Public water system and new NOID must be obtained prior to any construction permit approval if applicable.

1. * Prior to approval of any building permit associated with the proposed wedding venue, a new “will serve” letter will be obtained to substantiate the availability of fire and emergency services.

1. * This special use permit shall expire on March 10, 2041, or upon termination of the use for a period of 180 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 180 days of such expiration or termination of use.

1. Prior to occupying the existing residence or any portion thereof for any use associated with the Special Use Permit, the applicant 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.

1. 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.

1. 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 Special Use Permit shall be revoked. 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:                        Sean Watkins, Planner

Reviewed by:                        Darren V. Gérard, AICP, Planning Services Manager

Attachments:                        Case Map (1 page)

Site Plan (reduced 8.5”x11”, 1 page) Narrative Report (30 pages) MCENG comments (2 pages) MCESD comments (1 page)

City of Surprise comments (3 pages)

Responses to City of Surprise comments (1 page)

*Support Comments (4 pages)

*Opposition comments (5 pages)

*Arizona Fire & Medical Authority Comments (6 pages)

MARICOPA COUNTY

Supervisor District No. 4

SPECIAL USE PERMIT TO ALLOW USAGE OF A RURAL RESIDENTIAL PARCEL FOR A WEDDING/PUBLIC EVENTS VENUE

NarrativeReport

Project: Bailey Wedding Venue

Request: Special Use Permit for a wedding/events venue

Case:Z2020052

Location: 31241 N 159th Ave, Peoria, AZ 85383 / APN 503-52-003J

First Submittal Date: June 17, 2020

Second Submittal Date: August 3, 2020

Final Submittal Date: November 6, 2020

Prepared By: Norris Design

VICINITY MAP

901 East Madison Street Phoenix, Arizona 85034

P 602.254.9600

www.norris-design.com

JJJJ

NO RJS DESIGN

Planning ILandscape Architecture IBranding

Bailey Wedding Venue I Narrative Report

Purpose of Request

The purpose of this request is to obtain a Special Use Permit (SUP) to allow the usage of a currently rural residential parcel as a wedding and/or events venue. The current zoning of the property (Rural-43) will remain.

Description of Proposal

Proposed Uses

The project proposes the usage of the 2.55-acre parcel as a primarily outdoor wedding and/or events venue. See Exhibits 1-3 for an orientation of the project site and vicinity.

Project Improvements Summary

The project will include an outdoor ceremony space to the east of the existing dwelling and an outdoor reception space to the southeast of the existing dwelling. A new structure, approximately 1,900 square feet in size, is proposed in the reception space to provide shelter and shade for guests. Initially this structure will be open on all sides but may be enclosed as future phases and funding allows. The existing dwelling and garage will remain. The dwelling is not intended for event use but may be used by event catering services.

Additional improvements will include a stabilized decomposed granite parking lot area, pedestrian circulation paths, a pedestrian bridge across the wash to connect the parking lot to the reception area, and landscaping/hardscaping and/or other aesthetic improvements. Natural desert landscaping will be retained and enhanced wherever possible throughout the site.

To the greatest extent possible, existing site grades will not be modified. Where parking is proposed, the site will be cleared and prepared for stabilized decomposed granite (DG) surfacing. DG will better suit the desert landscape atmosphere and not interrupt the topography, natural desert, and overall feel of the venue. In addition to the DG, the entire parking lot will be covered with an emulsifier, “Gorilla-Snot,” produced by a local company to help with dust control. Gorilla-Snot is comprised of long, nanoparticle molecular structures that link and cross-link together to form strong bonds between particulates, soils, and aggregates. The solution is designed to be easily applied topically to almost any soil or aggregate. A modest application will create a light surface crust that remains water permeable, yet perfect for controlling dust and suppressing PM10 and PM2.5 particulate matter to maintain air quality and visibility. Increased applications of Gorilla-Snot are highly effective for roads and other traffic areas. The product is designed to penetrate the ground, creating a strong and resilient, yet flexible surface wear course that can withstand the intense abuse of vehicle traffic and environmental conditions. See Exhibit 4 for product specifications and photographs of product application.

The parking lot will be designed with 9-feet by 16-feet spaces, which meets the intent of Article 1102.8 of the Maricopa County Zoning Ordinance because each space provides a 2-foot overhang beyond the decomposed granite surface into adjacent landscaping. All ADA accessible spaces shall be the minimum size required by ordinance.

The entire access road will be paved with asphalt millings from 163rd Avenue early in project phasing to alleviate dust issues, meet air quality requirements, and demonstrate consideration for the few landowners within the immediate area.

Please see the Site Plan for more details about proposed improvements.

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Signage & Fencing

One lit “welcome” sign, approximately 6 feet in height and 12 feet in length, is proposed at the entrance of the property. Provisions in the Maricopa County Zoning Ordinance for freestanding signs in Rural-43 (Article 1402) are small and inadequate for a commercial event facility, and the proposed sign does meet commercial freestanding sign development standards (Article 1403.2.3). The sign will be located outside of the 10-foot ingress/egress easement but within the front yard setback, to ensure high visibility to guests as they enter the property. See Exhibit 5 for a scaled conceptual sign elevation.

A corrugated metal fence will enclose the ceremony space to the north and east but will not block the views of the natural desert landscape and mountains. Open barrier fencing panels are proposed along the wash and to the east of the event barn.

In lieu of required parking area screening adjacent to a rural or residential zone (Article 1102.7.5 of the Maricopa County Zoning Ordinance), strategic landscape placement is proposed along the north, west, and south sides of the parking lot. Landscaping will provide an equivalent screening effect while preserving the natural environment and desert landscape experience.

Lighting

Lighting is proposed in the parking lot, along pedestrian paths, and in the reception/ceremony outdoor spaces. The welcome sign is proposed to be lit with shielded downlights. All lighting will comply with Article 1112 of the Maricopa County Zoning Ordinance.

Operations

The wedding venue will only be operational during months of milder temperature, generally from September through May. It is anticipated that average event attendance will be 80 to 125 guests, with a maximum of 150 guests. Most events will be scheduled from Friday to Sunday, with only occasional weekday events. Events will not begin before 8 am. Guests will be expected to leave the property by 10:30 pm.

No live bands will be used for events. Amplified sound or music will be directed away from surrounding properties. All noise generated by the proposed use will comply with the Maricopa County Noise Ordinance.

The business will be run by the property owner and his family. All outside vendors/contractors will be licensed and bonded to work in Maricopa County and will provide their own staff and equipment/supplies.

Colors and Materials

Colors and materials will be natural and/or complement the natural desert landscape setting.

Relationship to Surrounding Properties

Each surrounding property bordering the project site is zoned Rural-43 and is completely vacant of development. A significant portion of neighboring or nearby land is State Trust or federal land. See Exhibit 6.

The West Valley lacks wedding and event venues, especially those capitalizing on the natural beauty of the desert landscape. The proposed venue fills this market void on a site uniquely situated away from other development, thereby minimizing impacts on the adjacent community.

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Location and Accessibility

The project is accessed by a private driveway connecting to the unpaved extension of White Wing Road. White Wing Road connects to 163rd Avenue at two points (see Exhibit 2). The southern junction of White Wing Road and 163rd Avenue is currently exclusively used as the access point for the project site and has served as the site access since development of the residential property in 2004.

The proposed parking lot will be designed with an appropriate number of ADA accessible spaces. An ADA accessible pedestrian bridge across the wash is proposed to connect the parking lot to the reception area, to minimize walking distance for guests with physical challenges. Restrooms for venue guests will also be ADA accessible.

Circulation System

The site does not border County right-of-way, so there will be no dedication of right-of-way required to aid in circulation of the site. The southern section of White Wing Road leading to the site is a narrow dirt road, offering a slow experiential drive through the undeveloped desert. This access road will be paved with asphalt millings from 163rd Avenue early in project phasing. No other off-site circulation improvements are proposed.

On-site, the parking lot will be designed in such a way that emergency vehicles have full site access, including fire truck staging and turnaround areas.

Development Schedule

The project is expected to develop in two or more phases. Phase 1 of project construction generally includes the following:

• Open-sided structure in the reception area
• Whole parking lot
• Paving of access road
• Accessible pedestrian bridge
• Landscape and hardscape improvements around the wash, reception area, and ceremony area
  • Installation of fencing around the ceremony space and wash
  • Installation of the welcome sign
  • Other aesthetic improvements, including refinishing the exterior of the dwelling

Phase 2 of project construction generally includes the following:

• Enclosing the open-sided reception structure
  • Installing or renovating permanent restrooms on-site
  • Additional landscaping and hardscaping improvements

Project development is expected to commence following approval of the Special Use Permit. Any necessary permitting and landscape plans will begin late 2020 or early 2021. Phase 1 is expected to commence early to mid- 2021, with venue rentals likely commencing in late 2021 or early 2022. Phase 2 is expected to commence in 2022 or 2023.

Community Facilities and Services

The project is in an area of the County with an unorganized school district and no notable nearby parks and amenities. The Central Arizona Project is located approximately one-quarter of a mile south of the project site. The greatest features near the site are the natural desert landscape and mountainous views.

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Public Utilities and Services

Electric, Gas, & Communications

APS currently provides electric service to the site. This service will remain as the project develops. The site is generally located in the Southwest Gas service area, but no gas service currently exists or is anticipated as part of the project. Communication services are provided by satellite and will not be impacted by the proposed project.

Water, Wastewater, and Refuse

A private well and private septic system serve the site and will remain. The onsite well water system will not be used for any guest consumption, and all water and beverages will be provided by a catering service (see Exhibit 7). The results of well water sampling analyses by IAS Laboratories in September 2019 is also included in Exhibit 8.

The current septic system has 600 gallons per day for estimated design flow and an overall capacity of 1250 gallons. Per a septic analysis provided by Mark Ipson, Professional Engineer with HILGARTWILSON (2141 E Highland Avenue, Suite 250, Phoenix, Arizona 85016), the following septic capacity calculations apply to an event center of this type:

• Total attendees = 125
• Dance hall flow factor = 93 people x 5 gal/day per person = 465 gal/day
• Bar flow factor = 32 people x 30 gal/day per person = 960 gal/day
• Design Flow = 465 gal/day + 960 gal/day = 1,425 gal/day
• Minimum Septic Size = Design Flow x 2.1 factor = 1,425 gal/day x 2.1 = 2,993 gallons

Currently, the septic system is undersized to handle full wastewater capacity for events. However, owner is proposing to utilize ADA accessible mobile restroom facilities to accommodate each event’s wastewater needs (see Exhibit 9). Over the course of 5 years, these mobile toilets will be phased out with the upgrade of the septic system (e.g. installation of another tank) and installation or renovation of permanent on-site restroom facilities.

Parks and Sons provides the refuse collection services to the site. This service will remain as the project develops. Emergency Response

The Arizona Fire and Medical Authority (AFMA) provides emergency response services to the site. A “will serve”

letter has been obtained documenting willingness to continue to provide service to the site (see Exhibit 10).

UPD Development Standard Comparison Chart

The following table is included to illustrate and contrast the standards for the base zoning district with those proposed for the project (Note: proposed changes to the base zone development standards are indicated in bold).

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*MCZO 1111.4.2 and 1111.4.3

**MCZO 1402.1, 1402.2, and 1402.5

^MCZO 802.9.2

Please note that the Front Yard Setback is proposed to be reduced due to the location of the proposed event barn (approximately 36 feet from the ingress/egress easement) and the proposed pedestrian bridge (just over 27 feet from the ingress/egress easement). The event barn is located over 46 feet from the front property line and is situated to provide scenic views to wedding guests while maintaining an appropriate distance from the wash (and floodplain limits) and existing dwelling with adequate room for circulation around the building. The pedestrian bridge, located over 37 feet from the front property line, will be low in structural height but built high enough to cross the wash above the base flood elevation and is necessary to provide accessibility across the wash to venue guests.

List of Exhibits

Exhibit 1: Site Vicinity

Exhibit 2: Site Access & Context Exhibit 3: Existing Site

Exhibit 4: Gorilla-Snot Specifications and Example Photographs Exhibit 5: Conceptual Sign Elevation

Exhibit 6: Surrounding Ownership

Exhibit 7: Memo from Owner Re: Well Water Usage Exhibit 8: Well Water Analysis Report

Exhibit 9: VIP Restrooms Quote Exhibit 10: AFMA Letter

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Letter of Introduction

Soilworks is the innovator and manufacturer of Gorilla-Snot soil stabilizer and dust control agent. It is the economy grade version of Soilworks Soiltac® soil stabilizer. Gorilla-Snot is an eco- safe, biodegradable, liquid copolymer used to stabilize and solidify any soil or aggregate as well as erosion control and dust suppression.

Soilworks’ recent advances in simulation, chemistry, processing techniques, and analytical instrumentation have allowed a whole host of new types of polymer particles and polymer nanotechnology applications to be realized. These advances led to the revolutionary development of nanotechnology into Gorilla-Snot’s superior performance.

Once applied to the soil or aggregate, the copolymer molecules coalesce forming bonds between the soil or aggregate particles. The key advantage of Gorilla-Snot originates with its long, nanoparticle molecular structure that link and cross-link together. As the water dissipates from the soil or aggregate, a durable and water resistant matrix of flexible solid-mass is created. Once cured, Gorilla-Snot becomes completely transparent, leaving the natural landscape to appear untouched.

Gorilla-Snot results are based on the application rate used. Modest application rates are useful for dust suppression and erosion control by creating a three-dimensional cap or surface crust. Heavier rates can generate qualities similar to cement. By adjusting the application rate, Gorilla- Snot can remain effective from weeks to several years. Most importantly, Gorilla-Snot is a biodegradable product that is completely environmentally safe to use.

Soilworks products have been rigorously evaluated and their performance verified by the U.S. Army Engineering Research and Development Center (ERDC) against the industry’s traditional top performing soil stabilizers and dust control agents. As a result, the Department of Defense continues to recommend and award Soilworks with contracts to supply all branches of the Armed Forces globally, including operations in Iraq and Afghanistan. Its success with the U.S Military and Allied Forces has led to Soilworks GSA contract (# GS-07F-5364P) and a complete listing of National Stock Numbers for the U.S. Department of Defense warehouses.

Gorilla-Snot’s advanced nanotechnology is modernizing the way we stabilize soils and aggregates in addition to controlling dust and erosion for a whole new generation. Gorilla- Snot applications are extensive ranging from simple backyard trails and construction sites to heavy-lift military cargo runways.

Gorilla-Snot Letter of Introduction – C Anaya                                           1 of 2                                                                       Revised: 12/5/2014

Soilworks is dedicated to economically solving soil stabilization challenges throughout the world’s commercial, industrial and military markets. For more information about Gorilla-Snot, please visit us online atwww.soilworks.com or call 1-800-545-5420.

Respectfully,

Chris Anaya Account Executive 480-289-3215

CAnaya@soilworks.com

Gorilla-Snot Letter of Introduction – C Anaya                                           2 of 2                                                                       Revised: 12/5/2014

PRODUCT NAME                                                                     GORILLA-SNOT®

Soil Stabilizer & Dust Control Agent

CHEMICAL FAMILY                                                                 Synthetic Copolymer Dispersion

MANUFACTURER                                                                    Soilworks®, LLC – Soil Stabilization & Dust Control 7580 N Dobson Rd, Ste 320

Scottsdale, Arizona 85256 USA (800) 545-5420                                USA

+1 (480) 545-5454                        International info@soilworks.com www.soilworks.com

EMERGENCY PHONE NUMBERS                                     (800) 545-5420                USA

+1 (480) 545-5454           International

U.S. DATA UNIVERSAL NUMBERING SYSTEM (DUNS NUMBER)

Soilworks, LLC                                                                131946159

U.S. DEPARTMENT OF DEFENSE COMMERCIAL AND GOVERNMENT ENTITY CODE (CAGE CODE)

Soilworks, LLC                                                               3FTH5

U.S. DEPARTMENT OF DEFENSE NATIONAL STOCK NUMBERS (NSN)

275-gallon (1,041 Liter)                          Intermediate Bulk Container (IBC) Tote                                6850-01-542-5389

55-gallon (208 Liter)                               Drum                                                                                      6850-01-542-3712

U.S. GENERAL SERVICES ADMINISTRATION (GSA) CONTRACT

Soilworks, LLC                                                               GS-07F-5364P                                                October 31, 2018

INTENDED USES

For industrial use only. Major industries include construction, mining, military, municipal, oil & gas, energy & renewable energy and transportation.

Abate dust, air quality control, control dust, controlling dust, desertification prevention, dune stabilization, dust abatement, dust control, dust control agent, dust control material, dust control product, dust elimination, dust inhibitor, dust mitigation, dust palliative, dust pollution control, dust pollution prevention, dust prevention, dust reduction, dust retardant, dust stabilization, dust stabilizer, dust suppressant, dust suppression, eliminate dust, erosion control, erosion control material, erosion control product, erosion prevention, fines preservation, fugitive dust control, hydromulch tackifier, hydroseed tackifier, inhibit dust, mitigate dust, pm10 control, pm2.5 control, prevent dust, reduce dust, retard dust, road stabilization, road stabilizer, sand stabilization, soil additive, soil amendment, soil binder, soil crusting agent, soil solidifier, soil stabilization, soil stabilizer, stabilize dust, stabilize soil, stockpile capping, stop dust, suppress dust, surface wear course, wind erosion control.

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HEALTH HAZARDS

INHALATION          Under normal conditions of industrial use, this material is NOT expected to be a primary route of exposure

SKIN CONTACT       Under normal conditions of industrial use, this material is NOT expected to be a primary route of exposure

EYE CONTACT        Under normal conditions of industrial use, this material is NOT expected to be a primary route of exposure

INGESTION             Under normal conditions of industrial use, this material is NOT expected to be a primary route of exposure

GLOBALLY HARMONIZED SYSTEM OF CLASSIFICATION AND LABELLING OF CHEMICALS (GHS)

Not a hazardous substance or mixture

U.S. HAZARDOUS MATERIALS IDENTIFICATION SYSTEM (HMIS) RATING

This material does NOT contain hazardous ingredients and is NOT considered hazardous according to OSHA criteria.

#     COMPONENT                                                                                            %                                          CAS Number

1.     Synthetic Vinyl Copolymer Dispersion                                                     60-20%                                      Non-Hazardous

2.     Water                                                                                                          40-80%                                      7732-18-5

Provide medical care provider with this Safety Data Sheet.

EYE CONTACT

If irritation or redness develops from exposure, flush eyes with clean water at least 15 minutes. If irritation persists, seek medical attention.

SKIN CONTACT

No treatment necessary under normal conditions of use. Remove contaminated clothing. Wash affected area with mild soap and water. If irritation or redness develops and persists, seek medical attention.

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INHALATION

No treatment necessary under normal conditions of use. If breathing difficulties develop move victim away from source of exposure and into fresh air in a position comfortable for breathing. If symptoms persist, seek medical attention.

INGESTION

If swallowed do not induce vomiting. If symptoms persist, seek medical attention.

FLAMMABILITY

Nonflammable and NOT combustible

This material is an aqueous mixture that will not burn Dried material will burn in a fire

FLASH POINT

Nonflammable

EXTINGUISHING MEDIA

Use water spray, foam, dry chemical or carbon dioxide

SPECIAL FIRE FIGHTING PROCEDURES & PROTECTIVE EQUIPMENT

Cool closed containers exposed to fire with water spray. Proper protective equipment including breathing apparatus must be worn when approaching a fire in a confined space.

U.S. NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) 704 HAZARD CLASS

Legend

0                                                                                                                                                                – Minimal

1  – Slight

2  – Moderate

3  – Serious

4  – Severe

For guidance on selection of personal protective equipment see Chapter 8 of this Safety Data Sheet. See Chapter 13 for information on disposal. Observe the relevant local and international regulations.

PROTECTIVE MEASURES

Stop the leak, if possible. Avoid contact with skin and eyes. Use appropriate containment to avoid environmental contamination. Prevent from spreading or entering drains, ditches, sewers, rivers or open bodies of water by using sand, earth or other appropriate barriers.

CLEAN-UP METHODS

Avoid accidents, clean up immediately. Slippery when spilled. Prevent from spreading by making a barrier with sand, earth or other containment material. Reclaim liquid directly or in an absorbent. Soak up residue with an absorbent such as clay, sand or other suitable material and dispose of properly.

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ADDITIONAL ADVICE

Local authorities should be advised if significant spillages cannot be contained.

GENERAL PRECAUTIONS

Use local exhaust ventilation if there is risk of inhalation of vapors, mists or aerosols. Use the information in this data sheet as input to a risk assessment of local circumstances to help determine appropriate controls for safe handling, storage and disposal of this material.

STORAGE

Keep container tightly closed in a cool, well-ventilated place. Use properly labelled and closeable containers. Maintain storage temperature ≥40 °F (4 °C) to avoid freezing and destabilization. Ideal storage temperature is 72 °F (22 °C).

HANDLING

Avoid breathing vapors or mist. Avoid contact with eyes. Avoid prolonged or repeated contact with skin. Wash thoroughly after handling. When handling material in drums, safety footwear should be worn and proper handling equipment should be used.

RECOMMENDED MATERIALS

For containers or container linings, use mild steel or high density polyethylene.

ADDITIONAL INFORMATION

Do not freeze.

OCCUPATIONAL EXPOSURE LIMITS

Contains no substances with occupational exposure limit values.

EXPOSURE CONTROLS

The level of protection and types of controls necessary will vary depending upon potential exposure conditions. Select controls based on a risk assessment of local circumstances. Appropriate measures include: Adequate ventilation to control airborne concentrations. Where material is heated, sprayed or mist formed, there is greater potential for airborne concentrations to be generated.

PERSONAL PROTECTIVE EQUIPMENT

Personal protective equipment (PPE) should meet recommended national standards. Check with PPE suppliers.

RESPIRATORY PROTECTION

Respiratory protection is NOT required under normal conditions of use in a well-ventilated workplace. In accordance with good industrial hygiene practices, precautions should be taken to avoid breathing of material. If engineering controls do not maintain airborne concentrations to a level which is adequate to protect worker health, select respiratory protection equipment suitable for the specific conditions of use and meeting relevant legislation. Check with respiratory protective equipment suppliers. Where air-filtering respirators are suitable, select an appropriate combination of mask and filter. Select a filter suitable for combined particulate/organic gases and vapors.

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HAND PROTECTION

Where hand contact with the material may occur the use of gloves approved to relevant standards (e.g. Europe: EN374, US: F739) made from the following materials may provide suitable chemical protection: PVC, neoprene or nitrile rubber gloves. Suitability and durability of a glove is dependent on usage, e.g. frequency and duration of contact, chemical resistance of glove material, glove thickness, dexterity. Always seek advice from glove suppliers. Contaminated gloves should be replaced. Personal hygiene is a key element of effective hand care. Gloves must only be worn on clean hands. After using gloves, hands should be washed with soap and water and dried thoroughly.

EYE PROTECTION

Eye protection is NOT required under normal conditions of use. If material is handled such that it could be splashed into eyes, wear splash-proof safety goggles or full face shield.

PROTECTIVE CLOTHING

Skin protection is NOT required under normal conditions of use or for single, short duration exposures. For prolonged or repeated exposures, use impervious chemical resistant boots, gloves and/or aprons over parts of the body subject to exposure.

MONITORING METHODS

Monitoring of the concentration of substances in the breathing zone of workers or in the general workplace may be required to confirm compliance with an OEL and adequacy of exposure controls.

BOILING POINT                        >212 °F (>100 °C)

COLOR                                           Milky white (transparent once cured)

EVAPORATION RATE              <1 (BuAc = 1)

FLASH POINT                             Nonflammable

FREEZING POINT                      <32 °F (<0 °C)

ODOR                                             Sweet and mild (no odor once cured)

PH                                                   4-9

PHYSICAL FORM                       Liquid

SPECIFIC GRAVITY                   1.02-1.10

VAPOR DENSITY                       >1 (Air = 1)

WATER SOLUBILITY                 100% dispersible, completely (until cured)

CHEMICAL STABILITY

Stable. Coagulation may occur following freezing, thawing or boiling.

CONDITIONS TO AVOID

Freezing (until cured)

HAZARDOUS REACTIONS

Hazardous polymerization does not occur

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HAZARDOUS DECOMPOSITION

Hazardous decomposition products are NOT expected to form during normal storage

CORROSIVITY

Non-corrosive

CARCINOGENICITY

Components ≥0.1% are NOT known to be associated with carcinogenic effects.

ACGIH     American Conference of Governmental Industrial Hygienists                                 Not listed as carcinogenic IARC        World Health Organization International Agency for Research on Cancer           Not listed as carcinogenic NTP         U.S. National Toxicology Program                                          Not listed as carcinogenic

OSHA      U.S. Occupational Safety and Health Administration                                                Not listed as carcinogenic Prop 65   California Office of Environmental Health Hazard Assessment Proposition 65       Not listed as carcinogenic

REPRODUCTIVE AND DEVELOPMENTAL TOXICITY

NOT expected to be a hazard

Based on EPA guidelines, this material is classified as practically non-toxic to all species. When used and applied properly, this material is not known to pose any ecological problems.

OTHER ADVERSE EFFECTS

The material contains non-volatile components, which are NOT expected to be released to air in any significant quantities. The material is NOT expected to have ozone depletion potential, photochemical ozone creation potential or global warming potential.

MATERIAL DISPOSAL

Recover or recycle if possible. Do NOT dispose into the environment, in drains or in water courses. To the best of our knowledge, this material does not meet the definition of hazardous waste under the U.S. EPA Hazardous Waste Regulations 40 CFR 261. Solidify and dispose of in an approved landfill. It is the responsibility of the waste generator to determine the toxicity and physical properties of the material generated to determine the proper waste classification and disposal methods in compliance with applicable regulations.

CONTAINER DISPOSAL

Dispose in accordance with prevailing regulations, preferably to a recognized collector or contractor. The competence of the collector or contractor should be established beforehand.

LOCAL LEGISLATION

Dispose in accordance with applicable regional, national and local laws and regulations.

NOT dangerous goods.

U.S. DEPARTMENT OF TRANSPORTATION (DOT)

NOT regulated.            This material is NOT subject to DOT regulations under 49 CFR Parts 171-180.

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INTERNATIONAL MARITIME DANGEROUS GOODS (IMDG)

NOT regulated.            This material is NOT classified as dangerous under IMDG regulations.

INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA)

NOT regulated.            This material is either NOT classified as dangerous under IATA regulations or needs to follow country specific requirements.

The regulatory information is not intended to be comprehensive. Other regulations may apply to this material.

EPA COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)

This material does NOT contain any chemicals with U.S. EPA CERCLA reportable quantities.

EPA SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT (SARA)

This material does NOT contain any chemicals with SARA reportable quantities.

EPA TOXIC SUBSTANCES CONTROL ACT (TSCA)

All components listed or in compliance with the inventory.

EPA CERCLA/SARA SECTION 302 EXTREMELY HAZARDOUS SUBSTANCES AND TPQS

This material does NOT contain any chemicals subject to the reporting requirements of SARA 302 and 40 CFR 372.

EPA CERCLA/SARA SECTION 311/312 (TITLE III HAZARD CATEGORIES)

Acute Health:                    No Chronic Health: No Fire Hazard:             No Pressure Hazard: No Reactive Hazard: No

EPA CERCLA/SARA SECTION 313 AND 40 CFR 372

This material does NOT contain any chemicals subject to the reporting requirements of SARA 313 and 40 CFR 372.

CLEAN AIR ACT (CAA)

This material does NOT contain any hazardous air pollutants (HAP, as defined by the CAA Section 12 (40 CFR 61).

CALIFORNIA SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT (PROPOSITION 65)

This material does NOT contain any chemicals known to the State of California to cause cancer, birth defects or reproductive harm.

This material has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the SDS contains all the information required by the regulations.

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CANADIAN DOMESTIC SUBSTANCES LIST (DSL)

All components listed or in compliance with the inventory.

WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHIMIS)

None. This material is NOT a controlled material under the Canadian WHIMIS.

Australia                 AICS                        All components listed or in compliance with the inventory. Canada  DSL/NDSL               All components listed or in compliance with the inventory. China     IECSC                      All components listed or in compliance with the inventory. Japan     ENCS                       All components listed or in compliance with the inventory. Korea     KECI                        All components listed or in compliance with the inventory. Philippines                            PICCS             All components listed or in compliance with the inventory. United States             TSCA       All components listed or in compliance with the inventory.

AICS                        Australian Inventory of Chemical Substances

DSL                         Canadian Domestic Substances List

ENCS                       Japanese Existing and New Chemical Substances

IECSC                      China Existing Chemical Inventory

KECI                        Korea Existing Chemicals Inventory

NDSL                       Canadian Non-Domestic Substances List

PICCS                      Philippine Inventory of Chemicals and Chemical Substances TSCA    Toxic Substances Control Act

SDS VERSION NUMBER               1.1

SDS EFFECTIVE DATE                    7/15/2015

SDS REGULATIONS

The content and format of this SDS is in accordance with the OSHA Hazard Communication Standard, 29 CFR 1910.1200.

SDS DISTRIBUTION

The information in this document should be made available to all who may handle the material.

The information presented in this Safety Data Sheet is based on data believed to be accurate as of the date this Safety Data Sheet was prepared. HOWEVER, NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER WARRANTY IS EXPRESSED OR IS TO BE IMPLIED REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED ABOVE, THE RESULTS TO BE OBTAINED FROM THE USE OF THIS INFORMATION OR THE MATERIAL, THE SAFETY OF THIS MATERIAL, OR THE HAZARDS RELATED TO ITS USE. No

responsibility is assumed for any damage or injury resulting from abnormal use or from any failure to adhere to recommended practices. The information provided above, and the material, are furnished on the condition that the person receiving them shall make their own determination as to the suitability of the material for their particular purpose and on the condition that they assume the risk of their use. In addition, no authorization is given nor implied to practice any patented invention without a license.

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“GORILLA-SNOT” PRODUCT APPLICATION PHOTOGRAPHS

SOURCE: SOILWORKS.COM

BAILEY WEDDING VENUE | EXHIBIT 5: CONCEPTUAL SIGN ELEVATION

BAILEY WEDDING VENUE | EXHIBIT 6: SURROUNDING OWNERSHIP

EXHIBIT 7:

Memo

The water usage, as discussed in TAC meeting will not be used for guest or staff consumption. All water used for consumption will be brought in from outside catering vendors who will be providing guests with purified water at every event. Water will only be used for hand sanitizing for all guests and staff. For information only, well water was tested in September 2019 and had no issues with contamination and passed water lab tests. Results will be submitted with revisions.

EXHIBIT 8:

IAS LABORATORIES

2515 East University Drive Phoenix, AZ 85034

Office: (602) 273-7248

Fax: (602) 275-3836

www.iaslabs.com

September 06, 2019

Affordable Pump Services Affordable Pump Services 5106 S. Whispering, Sands Dr. Casa Grande, AZ 85193

Project: 5 Panel Water Test

Enclosed are the results of analyses for samples received by our laboratory on 9/3/2019. If you have any questions concerning this report, please feel free to contact me.

IAS Laboratories

2515 East University Drive Phoenix, Arizona 85034

(602) 273-7248

Fax (602) 275-3836

Work Order:      19I0009

Sample Results

Submitted By:Report To: Project:

Affordable Pump Services Affordable Pump Services 5 Panel Water Test

Sample Name: IAS Lab ID:

31241 159th

19I0009-01 (Drinking Water)

Inorganic

Result

Qual       Units

EPA

Limit

Method

Nitrate-N (NO3-N)                                                            3.65                              mg/L

Nitrite-N (NO2-N)                                                             0.10                              mg/L

<10

<1

EPA 353.2

EPA 353.2

Metals

The contents of this report apply to the sample(s) analyzed in accordance with the chain of custody document. No duplication of this report is allowed, except in its entirety.

Page 2 of 2

EXHIBIT 9:

VIP Restrooms

P.O. Box 2267, Carlsbad, CA, 92018 Tel: 866-222-8080

Email: quotes@viprestroom.com Sales Rep.: Chad Rott

Quoted to :

The Willow (Cust. No. 044294)

Attn: Brent Bailey Address: , ,

Tel: 623-824-3185

Email: brent.bailey@gcu.edu

Quotation No: 81054                     ^{Date: 07/31/2020}

Job Details                                           Job Type: Special Event

Job Name:    Event Date: TBD    Delivery Date: 01/04/2021    Pickup Date: TBD

Del. Addr.:   Cross Street:     City: Pheonix    ST: AZ    Zip: 85387    Contact:    Phone:

Buyer: The Willow

Sign and date to accept quote and terms and conditions.

Please Click here for Authorize Payment –

To review and accept the Terms and Conditions and pay on-line now (optional). Press here.

Product Information and Images

2-STALL + ADA ULTRA LAV RESTROOM TRAILER

VIP Restrooms Quotation No: 81054 Continued

Terms and Conditions:

1. Acceptance: Customer shall be deemed to have accepted these terms and conditions upon the earliest to occur of: (i)two business days after receipt of an invoice from the Company. (ii) Delivery of items of Equipment (‘Equipment”) identified in this invoice to the site designated in this invoice (“the site”) and use of or acceptance thereof or (iii) an acknowledgment or other conduct of customer indicating acceptance. These terms and conditions shall supersede any inconsistent terms of any purchase order or other documents of the Customer.
2. Payment Terms: All agreements are subject to approval by the Company. Customer shall pay all charges by Company during the terms (the Period) shown on this invoice. All Company invoices are due and payable upon Customer receipt of the invoice. The Customer shall be liable to Company for interest at the rate of 1.5% per month or such lesser rate as may be the maximum lawful rate from time to time, on all overdue accounts. The Customer shall pay all additional charges for services separately requested by Customer or made necessary by Customers’ breach of these Terms and Conditions including but not limited to moving/relocation charges, special service charges, special delivery and removal charges. In the event the Customer’s account becomes delinquent, the Customer agrees to pay Company all collection expenses, including reasonable attorney fees. When you pay by check, you authorize us to either use information from your check to make a one-time electronic fund transfer from your account or to process this transaction as a check.
   1. Service: The Company offers services as an option on all portable restrooms and other serviceable Equipment.

1. Damage Waiver: The Company offers no Damage Waiver.

1. Equipment Location: Customer warrants and represents that it has exercised due diligence and care in the selection of the location it has designated for the placing of the portable toilets, temporary fencing, portable storage containers and any other Equipment provided by the Company. Customer further agrees to give directions and supervise the placement of such temporary fencing, storage containers, portable toilets, and other Equipment. Company is not responsible for damage to driveways, landscape or land caused by Company vehicle entering or existing any location at any time. Company shall not be held responsible for any personal injuries or property damage arising from acts of God, use, operation or maintenance or Equipment under this agreement. Equipment requiring service must be placed within 25 feet of truck access.
2. Equipment Responsibility: Company will deliver the Equipment to the site at the commencement of the period and will remove Equipment at the end of the period. If servicing has been ordered by the Customer, the Company will remove any domestic septic waist (‘DSW”) from the portable restrooms, If applicable on the service day due to a holiday, inclement weather, or other interfering circumstances. The Company shall service the Equipment on the earliest business day, excluding Sundays, available in accordance with the Company’s other service commitments. The Company shall be granted access to the Equipment at any time for any servicing, maintenance or removal of Equipment. The Customer shall not remove the Equipment from the site and shall not move the Equipment on the site without written permission from the Company. Customer shall not modify the Equipment. Customer shall not sell, rent, lease, or otherwise lose possession of the Equipment, nor shall the Customer permit any lien to be placed on the Equipment. The Customer acknowledges that the Company has no control over the use of the Equipment by Customer and Customer agrees to comply, at Customer’s sole expense, with any and all applicable municipal, county, state, Federal or quasi-Governmental laws, ordinances, regulations, and guidelines, including ansi standard z4.3 and the requirements of the guide for clean portable sanitation published by PSAI if applicable.

1. Equipment Contamination: While portable restroom units are in Customer possession, Customer shall prevent any contamination of such units with or from radioactive, volatile, flammable, explosive, toxic, or hazardous materials (including oils, paints, adhesives and solvents). The Company will not remove any waste other than (DWS) from the portable restrooms and storage containers (“other waste”). in the event other waste is found in the Equipment. The Customer shall arrange and pay for separate removal of such other waste.
2. Liability: The Customer agrees to defend, indemnify and hold Company harmless to the maximum extent permitted by law from and for all claims. Lawsuits, damages, expenses and other losses arising out of the rental or use of Equipment delivered to or rented by Customer. Customers obligation will apply to the extent permitted by law to all accidents or incidents regardless of whether some occur as a result of Customers or third party’s negligence, fault or other legal accident or incident arises out of the sole negligence or willful misconduct of Company. The Company, it’s officers, directors, employees and agents shall not under any circumstances be liable to Customer for consequential incidental, special, exemplary or punitive damages arising out of or relating to the Equipment. Customer sole and exclusive remedy for any claims or causes of action arising out of the related to the Equipment shall be to recover from Company direct damages in an amount not to exceed the amount paid by the Customer for the use of the Equipment.
   1. No Prorating: Agreed upon rates are the complete billing periods and are not to be prorated 28-day Billing cycle.

1. Termination: Company may terminate this agreement and remove the Equipment immediately in the event (i) Customer fails to pay any amount when due to

Company. (ii) The Customer otherwise breaches or rejects any of these Terms and Conditions. (iii) there is any loss of or damage to the Equipment. (iv) Any lien is placed or is proposed to be placed on any of the Equipment or (v) A proceeding in bankruptcy or for other protection from creditors is commenced by or against Customer. The Company shall not be responsible for the loss of any personal property on the site, which may be caused by the removal of any of Company Equipment pursuant to this paragraph.

1. Governance: This agreement shall be governed by and construed in accordance with the laws of the state shown on this invoice, in which the Company’s place of business is located in California, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than such state. Each of the parties submits to the jurisdiction of any state or federal court sitting in such state. In any action or proceeding arising out of or relating to this agreement. All claims in respect of the action or proceeding may be heard and determined in any such court. No failure by the Company to exercise any right hereunder shall operate as a waiver of any other right hereunder, and a waiver of any right on one occasion shall not constitute a bar to or a waiver of any such right on any further occasion. All modifications to these terms and conditions shall be in writing.
2. Taxes & Fees: Customer shall pay any and all taxes, license fees or permit fees arising out of use of the Equipment. Customer shall pay such taxes whether such taxes are shown on this invoice or whether such taxes are later claimed by a governmental authority. In the event of a claim by a governmental authority for taxes related to the Equipment, the Customer shall pay to the Company such taxes on demand.
3. Additional Terms: Additional terms and conditions apply to rental and service of storage containers (“sheds”) and temporary power Equipment. these terms and conditions are shown on the back of your contract for these items.
4. Errors & Omissions: Company reserves the right to correct any erroneous information that may appear in this invoice or may have appeared in a prior invoice including, without limitation, Customer name or address or billing amounts.
5. Conditional Payments: Any payment check, or other forms of payment that you send us for less than the full balance sue that is marked paid in full or contains a similar notation or that you otherwise tender in full satisfaction of a disputed amount must be sent to VIP Restrooms Inc, PO Box 878, Sun Valley CA 91353. The Company reserves all our rights regarding these payments. (e.g, if it’s determined there is no valid dispute, or if any such check is received at any other address, the Company may accept the check and you will still owe any remaining balance). The Company may refuse to accept any such payment by returning it to you, not cashing it or destroying it all other payment that you make shall be sent to the address on this invoice.
6. Changes to Order: Customer’s order will be prepped the day before delivery. All changes must be made by noon the day before delivery to avoid additional charges.
7. Stand-By Time: When Company arrives to deliver Customer’s order, if Driver is forced to wait for more than 15 minutes, a stand-by charge of $75.00 per hour per truck will be applied for all time Driver is on stand-by until we are allowed to deliver your order.
8. Cancellations: There is a $50.00 cancellation fee on all orders from the moment the order is placed up until the day before delivery, after this point the full amount will still be charged. If entire order is cancelled upon delivery, the full amount of the invoice will still be charged. If only part of the order is cancelled, 50% of each item will be charged. There will be no refunds given for restroom trailer, or shower trailer orders no matter the date of the cancellation.
9. Order Verification: Customer is advised to have a representative on site to verify and sign for the Equipment upon delivery and pick up to verify Equipment quantity and condition. Customer assumes all liability for missing or damaged Equipment.
   1. Winterization: Winterization fees may be added to invoices in some areas during the winter months without notice (November – March)

EXHIBIT 10:

June 15, 2020

Brent & Susan Bailey 31241 N. 159^th Ave.

Peoria, AZ 85383

RE:      31241 N. 159^th Ave, Peoria, AZ 85383; APN 503-52-003J

To Whom It May Concern:

Please be advised that the above referenced address is located within the boundaries of the Arizona Fire & Medical Authority. The Authority will respond to any emergency at that location.

The Authority has full-time career staffing, an Insurance Services Office (ISO) protection class rating of one (1) and provides ambulance services.

Additionally, the Authority participates in the Phoenix Metro area automatic aid system. Participation in this system means that a resident need only dial 9-1-1 and the closest available unit will respond regardless of jurisdictional boundaries.

Please feel free to contact our office with any questions or concerns.

Respectfully,

Eric Kriwer Fire Marshal

ARIZONA FIRE & MEDICAL AUTHORITY

18818 N. Spanish Garden Drive, Sun City West, AZ 85375 ⦁ P (623) 544-5400 ⦁ F (623) 544-5455 ⦁ www.afma.az.gov

Jeri Loucks, P.E.C.F.M.

Planning & Development

501 North 44th Street, Suite 200

Phoenix, Arizona 85008

Phone: (602) 506-6332

Fax: (602) 506-3282

www.maricopa.gov/planning Email address: Jeri.Loucks@maricopa.gov

Maricopa County

Planning & Development Department

Date:            12/22/2020

Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning & Development

Attn:            Sean Watkins, Planner, Planning & Development Services

From:          Jeri Loucks,   P.E.C.F.M.,   Plans   Examiner   Engineer   (Drainage),

Planning & Development Services

cc:                Michael Norris, P.E., Drainage Engineering Manager, Planning & Development

Subject:       Z2020052 – Special Use Permit – Bailey Wedding Venue (E4 Memo)

Job Site Address: 31241 N 159TH Ave, PEORIA, AZ 85383

APN(s):                  503-52-003J

P&D Engineering Review has reviewed the plans and report submittal date stamped 12/17/2020 for the subject application and has approved with the following stipulations:

1. Retention basins within the parking lot must go according to the Maricopa County Drainage Policies and Standards Manual Standard 6.10.7. The requirements for the retention in the parking lot are:
   1. Maximum depth is 1-ft
   2. Parking lot retention areas shall not be adjacent to buildings and not be sited in travel lanes.
   3. No more than 25% of the parking lot area may be used for stormwater storage.
   4. The minimum longitudinal slope permitted within parking lot storage facilities is 0.005 ft/ft, unless concrete valley gutters are provided.

1. At the time of the Building permit, the Engineered Grading and Drainage Plans will need to address the Erosion Setback/Protection. Identify the limits of 100- year inundation (floodplain limits). The erosion setback is measured from that limit or top of bank, whichever is more conservative. For more information on Erosion Setback see link:

https://new.azwater.gov/sites/default/files/SS5-96SystemSedimentBalance.pdf

1. At the time of the Building permit, the calculations to show the pedestrian bridge can cross the Paddelford Wash without inundating the buildings in the area.

1. At the time of the Building permit, the maximum retention basin side slope is 4:1.

Any approval of this case should include the following standard stipulations:

1. Drainage review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and the Maricopa County Drainage Policies and Standards.

1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction.

Following are comments from the Flood Control District:

1. The applicant should be aware that there is a FEMA Zone AE Floodplain on the property. The wash is Paddelford Wash Split 5 from the Padelford Wash Flood Delineation Study (Contract #99-12). For more information regarding the floodplain in the area, contact Jennifer Lynch of the District at (602) 506- 3320. Identify the limits of the floodplain on the G&D’s. The applicant should be aware that a Flood Control Permit will be required at the time of the Building Permit.

1. The Proposed Event Barn has part of the structure in the floodplain. The structure must go according to the Floodplain Regulations of Maricopa County. See link: https://www.maricopa.gov/DocumentCenter/View/630/Floodplain- Regulations-for-Maricopa-County-PDF?bidId=

At the time of the Building Permit a Flood Control Permit will be processed with the Building Permit. The building will need to go according to the Floodplain Regulations. Prior to finalizing the Building Permit Inspections, an Elevation Certificate in the FEMA format will need to be submitted, reviewed, and approved.

Please contact me if you have any questions or require any additional information.

Water and Waste Management Division

Subdivision Infrastructure & Planning Program

1001 N. Central Avenue #150

Phoenix, Arizona 85004

Phone: (602) 506-6666

Fax: (602) 506-5813

TDD 602 506 6704

Maricopa County

Environmental Services Department

DATE:           June 23, 2020

TO :             Sean Watkins, Planning & Development Dept.

Planer.

FROM:          Souren Naradikian, P.E. Senior Civil Engineer

SUBJECT:     SUP for a wedding/events venue. Z2020052

The Maricopa County Environmental Services Department (MCESD) has reviewed documents received from the Maricopa County Planning and Zoning Department for the above referenced project. This project is a request for SUP for a wedding/events venue located at APN 503-52-003J. Water and sewer service providers are a private well and private septic system, MCESD has concerns. Public water system and new NOID must be obtained prior to any construction permit approval if applicable.

Based on the above, MCESD raised no objections to the Planning & Development Department in Accela Automation on June 23, 2020 and the project may proceed with the following stipulations:

Stipulations:     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.

Community Development Department

Current Planning Division 16000 N Civic Center Plaza Surprise, AZ 85374

Ph 623-222-3000

Fax 623-222-3002

TTY 623-222-1002

August 17, 2020

Darren V. Gerard, AICP                                                                                               Via Email

Maricopa County Planning and Development Department 501 North 44^th Street, Suite 200

Phoenix, AZ 85008-6526

Re:       Z2020052 Special Use Permit for Bailey’s Wedding Venue (Surprise Planning Case # PS20-413)

Dear Mr. Gerard,

Thank you for the opportunity to comment on the proposed Special Use Permit for Bailey’s Wedding Venue. We hope you find these comments helpful.

• The applicant should be made aware of the recent annexations in the area along with the recently approved PADs including Marisol Ranch and Lone Mountain Ranch. We ask the applicant to mitigate the potential impacts this facility may have on future Surprise residents.

• The Lebhart parcel located immediately to the south of the subject parcel was included in the aforementioned annexation and is zoned Residential Ranch (RR).

• Our Traffic Engineering and Transportation Planning Divisions request the applicant provide a Trip Generation Statement per Chapter 4 of the Surprise Engineering Development Standards (EDS). Traffic and Transportation further suggest that on-site parking stalls meet the minimum requirements as found in Surprise EDS 4-03 (attached). Traffic and Transportation further request the dirt road that provides primary access to the facility be treated to control dust emissions for vehicles accessing the venue. The Surprise EDS may be found online at https://www.surpriseaz.gov/1645/Engineering- Development-Standards

PS20-413, Page 1 of 3

• There are several wet crossings over Lone Mountain Road, which may impede ingress and egress to and from the site. We recommend these crossings be all-weather and capable of supporting 75,000 pounds for fire access purposes.

• As you are likely aware, the site lies within a Floodplain; therefore, a Floodplain Use Permit is required.

• While the site lies within the water and sewer service areas of the City of Surprise, the site is currently outside of the Surprise city limits, and water and sewer infrastructure has not been extended to this area; however, when such services become available, we would ask that the property annex into the city and obtain city services.

Please keep us informed and do not hesitate to contact me at 623-222-3137 with any questions. Respectfully,

Robert H. Kuhfuss, ACIP, MPA Current Planning Supervisor

City of Surprise Community Development Department

cc:        Martin Lucero, Transportation Planning Manager, City of Surprise Dana Owsiany, PE, Traffic Engineering Manager, City of Surprise

Travis Samuelson, Fire Inspector/Plans Examiner, Surprise Fire/Medical Department Nuning Lemka, PE, Surprise Engineering Manager

Christine Nunez, Environmental Manager, Surprise Water Resource Management Lloyd Abrams, Assistant Community Development Director, City of Surprise

PS20-413, Page 2 of 3

PS20-413, Page 3 of 3

September 23, 2020

Brent Bailey’s responses to letter dated August 17, 2020 from Robert H. Kuhfuss, AICP, Current Planning Supervisor with the City of Surprise Community Development Department:

• The applicant should be made aware of the recent annexations in the area along with the recently approved PADs including Marisol Ranch and Lone Mountain Ranch. We ask the applicant to mitigate the potential impacts this facility may have on future Surprise residents.

Response: We are fully aware of these future projects and our project will have no effect or impact on the future Surprise residents and our intent is impact as least amount as possible and will continue to work with Surprise and Maricopa County to continue this goal.

• The Lebhart parcel located immediately to the south of the subject parcel was included in the aforementioned annexation and is zoned Residential Ranch (RR).

Response: We are aware and had several meetings with Lebhart’s via zoom and were willing to make some changes based on their concerns. All meetings with them were respectful and professional.

• Our Traffic Engineering and Transportation Planning Divisions request the applicant provide a Trip Generation Statement per Chapter 4 of the Surprise Engineering Development Standards (EDS). Traffic and Transportation further suggest that on-site parking stalls meet the minimum requirements as found in Surprise EDS 4-03 (attached). Traffic and Transportation further request the dirt road that provides primary access to the facility be treated to control dust emissions for vehicles accessing the venue. The Surprise EDS may be found online at https://www.surpriseaz.gov/1645/Engineering-Development-Standards

Response: We had a TIS submitted to Maricopa County and also emailed Robert Kuhfuss a copy as well for his team to review.

• There are several wet crossings over Lone Mountain Road, which may impede ingress and egress to and from the site. We recommend these crossings be all-weather and capable of supporting 75,000 pounds for fire access purposes.

Response: The entire access road to the venue will be paved as part of the SUP and will support all Fire and EMS vehicles without issues.

• As you are likely aware, the site lies within a Floodplain; therefore, a Floodplain Use Permit is required.

Response: This was not required by Maricopa County Planning as part of the SUP.

• While the site lies within the water and sewer service areas of the City of Surprise, the site is currently outside of the Surprise city limits, and water and sewer infrastructure has not been extended to this area; however, when such services become available, we would ask that the property annex into the city and obtain city services.

Response: We are aware and we will follow city protocols and annexation expectations.

From:                        Rachel Applegate (PND)

To:                             Bristol Lee

Subject:                    RE: January 28, 2021 Planning & Zoning Commission Hearing – Interest in Speaking

Date:                         Tuesday, January 26, 2021 10:40:25 AM

Attachments:            image001.png image002.png

Good morning Bristol,

Just wanted to let you know that the applicant has requested a continuance of the Z2020052 – Bailey Wedding Venue to the February 11th Commission hearing. You can view the request for continuance from the following website:

https://www.maricopa.gov/AgendaCenter/Planning-Zoning-Commission-9

Thank you, Rachel Applegate Senior Planner

Planning & Development 602-372-0318

Rachel.Applegate@maricopa.gov

From: Bristol Lee <bristolrocks11@hotmail.com>

Sent: Friday, January 22, 2021 4:58 PM

To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>

Subject: Re: January 28, 2021 Planning & Zoning Commission Hearing – Interest in Speaking Hello Rachel,

Here is the info you requested:

-Z2020052/Bailey Wedding Venue

-Other

Bristol Lee

14897 W Georgia Dr, Surprise, AZ 85379 Bristolrocks11@hotmail.com

623-824-5306

-I support

-Do NOT want to speak Thank you,

Get Outlook for iOS

From: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>

Sent: Friday, January 22, 2021 2:56:56 PM

To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>

Subject: January 28, 2021 Planning & Zoning Commission Hearing – Interest in Speaking

Thank you for registering attendance for the January 28, 2021 Planning & Zoning Commission hearing with GoToWebinar.

As follow up to attendance for the virtual public hearing, please let me know the following information to relay to the Chairman your interest in a planning case and if you would like to speak during the hearing.

Please response with the following information:

Case number / Project name

■  Your name, address, e-mail and phone number

■  Identify yourself as applicant / applicant representative / other

■  Indicate support or opposition

■  Indicate if you wish to speak or do not wish to speak

Public Hearing – Gotowebinar User Guide (Registration – Audio – Chat) https://www.maricopa.gov/DocumentCenter/View/62323/Gotowebinar-User-Guide—Maricopa- County-published-8-17-20?bidId=

Thank you,

Rachel Applegate

Senior Planner

Maricopa County Planning & Development Department 501 N. 44th Street, Suite 200, Phoenix, AZ 85008

Desk: 602-372-0318 | Fax: 602-506-3711

Rachel.Applegate@maricopa.gov

From:                        Rachel Applegate (PND)

To:                             Brock Bailey

Subject:                    RE: January 28, 2021 Planning & Zoning Commission Hearing – Interest in Speaking

Date:                         Tuesday, January 26, 2021 10:40:27 AM

Attachments:            image001.png image002.png

Good morning Brock,

Just wanted to let you know that the applicant has requested a continuance of the Z2020052 – Bailey Wedding Venue to the February 11th Commission hearing. You can view the request for continuance from the following website:

https://www.maricopa.gov/AgendaCenter/Planning-Zoning-Commission-9

Thank you, Rachel Applegate Senior Planner

Planning & Development 602-372-0318

Rachel.Applegate@maricopa.gov

From: Brock Bailey <baileyazproductions@gmail.com>

Sent: Sunday, January 24, 2021 6:12 PM

To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>

Subject: Re: January 28, 2021 Planning & Zoning Commission Hearing – Interest in Speaking Bailey Wedding Venue – (Z2020052)

Brock Bailey

14360 W Windrose Dr Surprise, AZ 85379

baileyazproductions@gmail.com 623-680-2073

Applicant Representative Support

Do not wish to speak

On Fri, Jan 22, 2021 at 2:57 PM Rachel Applegate (PND) <Rachel.Applegate@maricopa.gov> wrote:

Thank you for registering attendance for the January 28, 2021 Planning & Zoning Commission hearing with GoToWebinar.

As follow up to attendance for the virtual public hearing, please let me know the following information to relay to the Chairman your interest in a planning case and if you would like to speak during the hearing.

Please response with the following information:

Case number / Project name

■  Your name, address, e-mail and phone number

■  Identify yourself as applicant / applicant representative / other

■  Indicate support or opposition

■  Indicate if you wish to speak or do not wish to speak

Public Hearing – Gotowebinar User Guide (Registration – Audio – Chat)

https://www.maricopa.gov/DocumentCenter/View/62323/Gotowebinar-User-Guide— Maricopa-County-published-8-17-20?bidId=

Thank you,

Rachel Applegate

Senior Planner

Maricopa County Planning & Development Department 501 N. 44th Street, Suite 200, Phoenix, AZ 85008

Desk: 602-372-0318 | Fax: 602-506-3711

Rachel.Applegate@maricopa.gov

From:                        Richard Lebhart

To:                             Sean Watkins (PND)

Subject:                    RE: Special Use Permit for the Bailey Wedding Venue Project

Date:                         Wednesday, December 9, 2020 7:31:01 AM

Hi Sean. Appreciate you checking back in with us. We’ve had no additional coordination or contact beyond what is described below. We still support the concerns raised below with the proposed project and prefer the request be denied as incompatible with the location.

Best regards,

Rick & Kim Lebhart

On December 2, 2020 at 1:18 PM “Sean Watkins (PND)”

<Sean.Watkins@Maricopa.Gov> wrote:

Dear Madam and Sir,

It has been some time since you submitted the comment below, and I believe there has been some coordination between you and the applicants and/or their consultant in the meantime.

Accordingly, I wanted to check to see if the comment below still stands or if you would like to change it in light of the subsequent conversation(s)?

Please feel free to call me if you would like to discuss anything about the case.

Thank you!

Sean Watkins

Planner

Maricopa County Planning & Development Department

501 N. 44th Street, Suite 200, Phoenix, AZ 85008

Desk: 602-506-8150

sean.watkins@maricopa.gov

From: Richard Lebhart <rlebhart1@cox.net>

Sent: Saturday, August 22, 2020 10:30 AM

To: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov>

Cc: abeaudoin@norris-design.com; bbaileyinaz@hotmail.com

Subject: Special Use Permit for the Bailey Wedding Venue Project

Sir,

We are writing to express our concerns with the Special Use Permit (SUP) for the Bailey Wedding Venue project (APN 503-52-003J). We own the 6.4 acre parcel directly south of the proposed project and share not only a property boundary, but also the access road that would be used for all customer access to the events.

Kim and I searched many years to find an affordable, pretty, multi-acre parcel to build our dream home on. We eventually focused on locating land just outside the main valley cities that felt remote, but within a reasonable distance to basics. Plus an area expected to eventually build out with good access to a freeway. On one of our exploratory searches in the far NW valley, a mile down a barely used dirt road, we found a handmade for sale sign listing 19 acres. We declined to purchase the entire 19.162 acres, and purchased 1 of 3 subdivided lots in early 2001 with 6.391 acres. The other 2 parcels were then split into multiple smaller lots, including the one now requesting the SUP.

This is an exceptional property with amazing views of mountains and 180 degree city lights. It is located just north of the Central Arizona Project (CAP) water canal. The north side of the CAP has a wide patch of open space intended as a flood zone and under BLM control. It was exactly what we were looking for and have been holding it now for 19 years waiting for the right time to build our dream home to retire in.

Late June, we received a letter from Norris Design notifying us of plans to request a Special Use Permit from Maricopa County for a Wedding/Event venue site.

This was a complete surprise and was something we had never thought may occur in an area like this.

We have since spoke several times to Alan Beaudoin with Norris Design, plus the family that owns the land and is requesting the SUP. All are very nice folks with big dreams for the property and area. They have been very willing to discuss our concerns and have made several modifications to try and help mitigate the potential noise, allow our continued property access, while also explaining the road improvements planned.

After much consideration, we still strongly oppose the planned SUP. Our key concerns are as follows:

The expected isolation and privacy at the end of a long private drive will be largely lost. The private road will no longer be very private at all and the sensation of being remote will be gone.

These types of events would stream a large number of vehicles in/out in large clusters. Dozens of vehicles coming and going en masse with the expected traffic sounds of exhaust and stereos.

The wash and potential flood zones on our land mean the best and most usable part of our lot to build on is directly south of the planned parking lot and close to the ‘event barn’. We are unable to simply position our home far away from the planned venue.

The value of our land for residential use will be greatly reduced and the protective zoning of one house per acre made basically irrelevant.

Our property is in the City of Surprise, while this venue would be in the County. We are concerned if there are problems later, we will encounter challenges with jurisdiction and standing to make complaints or solicit help mediating any disputes.

Lastly, we would expect alcohol to be a large part of gatherings like this which can introduce a whole set of related issues with drunk drivers, public urination, trash and other similar issues that are very difficult for the venue to prevent.

We request the SUP be denied and the existing quiet, residential profile of these properties be continued. We will also participate in any future hearings to make our position known and work to prevent the change in use for this property. We appreciate your consideration of our concerns.

Thank you!!

Rick & Kim Lebhart 4402 W Fallen leaf Ln Glendale, AZ 85310

From:                        Rachel Applegate (PND)

To:                             Kimberly Lebhart

Cc:                             Sean Watkins (PND)

Subject:                    RE: Bailey Wedding Venue

Date:                         Wednesday, January 27, 2021 4:20:02 PM

Attachments:            image001.png

I will send your e-mail to Sean Watkins working the case so he can keep you informed of the case status. The applicant has requested a continuance to the 2/11/21 Commission hearing. The GoToWebinar registration for The February 11th hearing will be available one week prior to hearing.

Please let me know if you have any questions. Thank you,

Rachel Applegate Senior Planner

Planning & Development 602-372-0318

Rachel.Applegate@maricopa.gov

From: Kimberly Lebhart <Kimberly.Lebhart@dvusd.org>

Sent: Wednesday, January 27, 2021 3:51 PM

To: Rachel Applegate (PND) <Rachel.Applegate@Maricopa.Gov>

Subject: Bailey Wedding Venue

Hello Rachel,

I just wanted to check on the timeline of the meeting tomorrow? We are the property owners adjacent to the proposed Bailey Wedding Venue. We have sent a letter to be included for consideration in granting this special request. We share a private road with this property and it dead ends after passing our entire 6 acre lot. We are VERY concerned about the traffic and noise this will create for us. Do we need to request to speak or will this letter be sufficient for the board to understand our concerns and appreciate our position before making a decision.

Do you have an estimate about the timing of our case? I work at a public school and would really like to join the meeting.

Thanks for your consideration,

Kimberly Lebhart, Librarian Stetson Hills School

623-445-5313

There is no app to replace your lap

– read to your child!

Visit the Media Center Website:

https://www.dvusd.org/Page/25611

From:                        Eric Kriwer

To:                             Sean Watkins (PND)

Cc:                             Kane Nixon

Subject:                    RE: Case# Z2020052 Baily Wedding Venue

Date:                         Wednesday, January 20, 2021 4:01:00 PM

Attachments:            image001.png

Bailey Wedding Venue.PNG

Here is a photo; I have concerns with access/egress, water supply, low water crossing to the west, and occupancy (assembly). I was curious if you had any additional details regarding occupancy requests etc.

Best, Eric

Eric Kriwer, EFO, CFO Deputy Chief/Fire Marshal

Community Risk Management Division

Arizona Fire & Medical Authority

18818 N. Spanish Garden Drive Sun City West, Arizona 85375 Office: 623.544.5400

Fax: 623.546.8613

E-Mail: ekriwer@afma.az.gov

Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy.

-Norman Schwarzkopf

From: Eric Kriwer

Sent: Wednesday, January 20, 2021 3:54 PM

To: sean.watkins@maricopa.gov

Subject: Case# Z2020052 Baily Wedding Venue Sean,

I wanted to reach out to you on the proposed project in our Authority. Let me know if you have time to discuss this via a phone call. Thank you!

Best, Eric

Eric Kriwer, EFO, CFO Deputy Chief/Fire Marshal

Community Risk Management Division

Arizona Fire & Medical Authority

18818 N. Spanish Garden Drive Sun City West, Arizona 85375 Office: 623.544.5400

Fax: 623.546.8613

E-Mail: ekriwer@afma.az.gov

Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy.

-Norman Schwarzkopf

This message is intended only for the named recipient(s). If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is strictly prohibited. If you receive this message in error, or are not the named recipient(s), please notify the sender either at the above e-mail address or telephone the Arizona Fire & Medical Authority (AFMA) at (623) 544-5400. Thank You.

To ensure compliance with Arizona’s open meeting laws, members of the North County, South County and/or Arizona Fire & Medical Authority’s Board of Directors who have received this message may reply directly to the sender but must not correspond with or send a copy of their reply regarding this message to any other members of their respective Board(s). Recipients of this message who are not Board members must not forward this message to any of the North County, South County or AFMA Board Members.

January 25, 2021

Sean Watkins Planner

Maricopa County Planning & Development Department

501 N. 44th Street, Suite 200, Phoenix, AZ 85008

Desk: 602-506-8150

sean.watkins@maricopa.gov

RE: Bailey Wedding Venue, Special Use Permit (Case #22020052). White Wing Road and 159th Ave.

Mr. Watkins,

After further review and a site visit of the proposed Special Use Permit for the Bailey Wedding Venue, the following concerns related to the 2018 International Fire Code (IFC) with local amendments are below:

D102.1 Fire apparatus access roads shall be all-weather surface (concrete, asphalt, or other approved surface) capable of supporting the weight of 75,000 lbs. The proposed site has approximately one-half mile of narrow dirt road, not in compliance with current code requirements.

D103.4 Dead-end fire apparatus access roads in excess of 150 ft. shall be provided with width and turnaround provisions in accordance with Table D103.4. The proposed site has approximately one-half mile of narrow dirt road, not in compliance with current code requirements.

503.2.6 Bridges and elevated surfaces.

503.2.8 Angles of approach and departure. Concerns for fire apparatus ingress with current fire apparatus access roadway plan.

——–

18818 N. Spanish Garden Drive, Sun City West, AZ 85375 • P (623) 544-5400 • F (623) 544-5455 • www.afma,az.gov

The Arizona Fire & Medical Authority proudly serves the communities of Coldwater Ranch, Corte Bella, Cross River, Dos Rios, Marisol Ranch, Pinnacle Peak County Island, Rancho Cabrillo, Rancho Silverado,

Rio Sierra, Sun City West, Sundero, Sun Lakes, Tonopah, and Wittmann

503.2.1 Minimum fire apparatus access road width – 20 ft. wide w/clearance of 13 ft. 6 inches. The proposed site has approximately one-half mile of narrow dirt road, not in compliance with current code requirements.

503.2.6 Bridges & elevated surfaces must comply with this section. Low water crossings need to be addressed.

504.1Walkway access leading from fire apparatus access roads to required building exterior openings shall be provided. Hose lines shall be within 150′ of all portions of the building.

507.1 Required water supply.

B101 & B103 Fire Flow requirements for firefighting purposes.

308.3 Group A Occupancies, open-flame device (outside cooking or open flames in the urban interface).

The attached report from Norris Design, page #2 mentions event catering services may use the existing dwelling. As the AHJ, it appears the dwelling will be used for operational services and should be considered on the front-end of the project.

Full review of the Venue operation plan, safety plan, parking plan, and overall civil plan for current and additional phases are requested before approval by the Authority.

Please contact my office if you have any further questions or concerns. Delay of the Planning and Zoning Commission hearing for this project is recommended until the project can be discussed further with the applicant and Authority for fire code compliance.

Respectfu Ily,

Eric Kriwer

Deputy Chief/Fire Marshal

18818 N. Spanish Garden Drive, Sun City West, AZ 85375 8  P (623) 544 5400 • F (623) 544 5455 • www.afma.az.gov

The Arizona Fire & Medical Authority proudly serves the communities of Coldwater Ranch, Corte Bella, Cross River, Dos Rios, Marisol Ranch, Pinnacle Peak County Island, Rancho Cabrillo, Rancho Silverado,

Rio Sierra, Sun City West, Sundero, Sun Lakes, Tonopah, and Wittmann

From:                        Eric Kriwer

To:                             Darren V. Gérard (PND); Kane Nixon

Cc:                             Sean Watkins (PND); Rachel Applegate (PND); Doug Kober (PND); Shiloh Johnson (OET); Thomas O”Donohue; John Teixeira

Subject:                    RE: P&Z hearing, Area of Interest, etc.

Date:                         Wednesday, January 27, 2021 3:48:35 PM

Attachments:            image003.png image004.png image005.png

Staff met with Mr. Bailey today and advised him that he will need an adequate fire code approved ingress/egress fire apparatus roadway with a secondary means of egress.

Additionally, engineered all-weather road surface, engineered low-water crossings on the four tributaries to the property, an approved fire apparatus turn-around at the end of the project drive, and water supply for firefighting purposes.

I hope we can communicate earlier on some of these projects that bring our county citizens an improved process. Please let us know how we can assist in the future.

Best, Eric

Eric Kriwer, EFO, CFO Deputy Chief/Fire Marshal

Community Risk Management Division

Arizona Fire & Medical Authority

18818 N. Spanish Garden Drive Sun City West, Arizona 85375 Office: 623.544.5400

Fax: 623.546.8613

E-Mail: ekriwer@afma.az.gov

Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy.

-Norman Schwarzkopf

From: Darren V. Gérard (PND) <Darren.Gerard@Maricopa.Gov>

Sent: Monday, January 25, 2021 3:10 PM

To: Kane Nixon <KNixon@AFMA.Az.gov>; Eric Kriwer <EKriwer@AFMA.Az.gov>

Cc: Sean Watkins (PND) <Sean.Watkins@Maricopa.Gov>; Rachel Applegate (PND)

<Rachel.Applegate@Maricopa.Gov>; Doug Kober (PND) <Doug.Kober@Maricopa.gov>; Shiloh