Planning and Zoning Commission - 09/08/2026

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[0:03] Good evening. This is the city of Elmerage planning and zoning commission meeting. Today is September 8th, 2026. It is now 6 p.m. We are located in the city council chambers, located at 10000, North Elmerage Road, Elmerage, Arizona. Please rise and join me for the pledge of allegiance.
[0:43] please have the clerk take roll.
[0:50] Philip Bueno, Jamie Garcia.
[0:54] President.
[0:55] Thomas Gower.
[0:57] William Aheah.
[0:59] President Brian Campbell-Sendafil.
[1:02] President Thomas George.
[1:04] President Jason Mingoa.
[1:08] Thank you, and at this time, I would like to ask our alternate commissioners to join us on the dice.
[1:41] The first item on the agenda is consideration and action to approve the minutes of the July 14th, 2026 planning and zoning commission meeting.
[1:49] Thank you, can I get a motion to approve the minutes for the July 14th, 2026 planning and zoning commission meeting?
[1:54] I make the recommendation to approve the minutes of the July 14th, 2026.
[2:00] six. Can I get a second?
[2:04] Second.
[2:09] Excuse me. All in favor?
[2:12] Aye.
[2:13] Aye.
[2:18] Motion approved.
[2:20] The next item on the agenda is a public hearing.
[2:22] Closer of a public hearing to review and provide a recommendation to the City Council on a request for conditional use permit for retail smoke vape shop use in the urban
[2:32] One-quarter zone at 11713 was Thunderbird Road.
[2:36] Elmerajer is on a 8-5-3-3-5.
[2:40] Thank you.
[2:41] And now we'll open the public hearing.
[2:43] Do we have a presentation from staff, excuse me.
[2:48] Yes, Vice Chair, we do have a quick presentation.
[2:50] Also, we do have the applicants in attendance to ask,
[2:54] I'm sorry, to address any questions from the commission.
[2:58] All right, well, thank you, Cory.
[3:01] Good evening, Vice Chair, members of the commission.
[3:04] Today we do have an action item for your review and to provide a recommendation to the Elmerage City Council on the conditions permit for a retail vape and smoke shop.
[3:19] The proposed location for the vape shop is a vape building at 11713 West Thunderbird Road.
[3:29] The building is approximately 4,413 square feet, and the last known use was an HVAC company.
[3:37] The site sits within the Thunderbird Core planning area of the 2020 Omraj General Plan.
[3:47] As Cory mentioned, it is the Urban Corridor, our commercial zoning area.
[3:54] It's also within the Thunderbird overlay district.
[3:58] However, it being an existing building prior to the ordinance,
[4:03] it's not subject to any overlay regulations.
[4:10] As I mentioned, the building is currently vacant,
[4:12] and the official proposed use is for a retail vape shop.
[4:16] I'm sorry, vape and smoke shop.
[4:20] And for our zoning code, this use requires the approval
[4:23] of a conditioners permit before the applicant may proceed
[4:25] with 10 improvements and to open up for business.
[4:34] Jose, if I'm eight, you go back to the previous slide.
[4:41] Is that the right location or the, yes.
[4:47] There are some boundaries issues
[4:50] that need to be addressed by the owners,
[4:52] but if you can talk by the image,
[4:55] it does, the property line does overlap
[4:58] over the existing restaurant.
[5:00] And I brought up to the attention of the real estate agent when they were calling in. But again, it shouldn't have any, any, any, any, any, it shouldn't, it shouldn't affect the, the conditioners permit. Thank you, listen.
[5:19] before we move on just again just for those who are not familiar this is
[5:22] located at the end of Thunderbird and Grand Avenue it's between it's
[5:26] located between a big and lots the restaurant and perhaps pets across the
[5:31] street thank you next slide
[5:36] here we have a photo of the from the facade of the
[5:40] building as you can see there are two openings of the building and under the
[5:46] The stipulations, the applicant must obtain permits for the attainment improvements, which includes signage in any interior, exterior upgrades.
[5:55] If the condition you use permits is approved, staff will work with the applicant to address any concern staff has to bring the building up to code.
[6:05] This includes parking, signage, traction closures, interior and exterior improvements, just to name a few items that we would like to discuss.
[6:17] Here is a list of stipulations in the staff report.
[6:21] I'd be happy to answer any questions at the conclusion of my presentation.
[6:26] The planning commission may add and delete and demand or accept the stipulations as presented
[6:30] by staff.
[6:36] The technical advisory committee has reviewed the application and determined that the project
[6:41] is appropriate to move forward with the public hearing.
[6:45] The applicant will be required to consent to the tax stipulations per the memorandum
[6:51] dated August 7th, 2026, and the applicant has provided a written consent to staff.
[6:58] A review from Lookup or Space was not required for this application.
[7:03] Public comments, staff has received no comments regarding this item.
[7:08] So staff is seeking a review and a recommendation from the Planning Commission to the City Council
[7:14] of Omoraj.
[7:17] This item is scheduled to be presented to City Council for a final action on October 6th,
[7:22] 2026, and if approved, the applicant can submit the site and tenement improvement plans
[7:29] for review and approval.
[7:33] Vice Chair, members of the commission, this concludes my presentation.
[7:38] As I mentioned, the applicant and are here in attendance and we can answer any questions
[7:42] that you may have at this time.
[7:44] Thank you, Jose.
[7:45] but this time I can invite the applicant or representative to add anything
[7:50] additional at the podium.
[7:54] Please. Please state your name and address for the
[7:57] record also. Most of the 1-1-1-713 west on the
[8:02] bird road.
[8:04] Thank you. And do you have anything additional to add to the
[8:07] presentation or anything you feel that the commissioners members of the public would
[8:11] like to know an addition? I have a location already and I'm looking to expand in
[8:16] in the city of Elmerage.
[8:19] That's great.
[8:23] We will now open the floor for public comment.
[8:26] Is anyone present?
[8:27] I'd like to speak
[8:31] hearing none.
[8:35] Commissioners, any additional questions for staff?
[8:38] We will start with Commissioner Mahia.
[8:44] Yes, now my question, I don't know if this would be to the applicant or to staff.
[8:48] But has there been adequate public input or any public concerns or comments from the community that are being considered or observed?
[9:01] Commissioner members, so we have now received any comments, and we need to follow state law of notifying neighbors within 200 feet from the property.
[9:10] Okay, that's all that I have. Thank you.
[9:12] Thank you.
[9:13] Thank you, Commissioner Garcia.
[9:14] Yeah,
[9:17] I have a couple questions.
[9:18] There was some concern regarding parking and accessible parking, my candy cap spots.
[9:26] Do you have the space to do that just looking at the map I couldn't tell you have the space for the, what is it required 14 spaces?
[9:37] So the property itself is 4,000 square feet, but we're not using the whole property as a retail shop.
[9:44] So about 1800 square feet is going to be used for the front and the back will be storage.
[9:49] So we have about eight parking spots in the front.
[9:54] Staff, are you able to confirm just based on-
[10:00] On the the notes I read ahead, it was stated that there should be 14 parking spaces and one accessible. Yeah, so we are going to confirm that with the applicant once the condition permit is approved. So we're going to work with the applicant to ensure that there's a handicap parking, and then we're going to recalculate the script footage based on the number of square footage they're going to use for the building.
[10:27] Oh, gotcha. Okay. And then because the staff mentioned it, sorry, I didn't, I thought maybe we were going to ask before did we, do we have concerns about the fact that the lot carries into kind of the second business there?
[10:43] Again, I didn't mention it to the real estate agent when I was getting, when I was feeling phone calls, this property has been in sale for a couple of months and I did bring it up to the real estate agent.
[10:53] So right now, it's more of a lack of better terms, civil matter.
[10:58] Oh, okay.
[10:59] Okay.
[10:59] So, but it should not affect the parking requirements.
[11:04] But there has to be some kind of resolution between the neighbors to move either merged the parcels or move the line.
[11:11] Gotcha.
[11:13] Yeah, I didn't realize that until you pointed that out with the photo that we, okay.
[11:16] Okay. And then I think those are all my questions. Thank you.
[11:25] Thank you.
[11:27] Thank you, and Commissioner George.
[11:34] The red box. I was going to ask about that, but then that of the little white building, but that was pretty clear.
[11:40] I saw that movie. Good luck.
[11:44] And Commissioner Mingura.
[11:46] There are not many questions at this time.
[11:48] Thank you. And I have no questions that were addressed in the
[11:52] in the report, so thank you.
[11:56] If there's no further comments, I will close the public hearing.
[12:02] Public hearing is now closed.
[12:03] Commissioners may now deliberate.
[12:08] Can I get a motion?
[12:13] Do you like to discuss, yeah?
[12:17] Okay.
[12:18] Yeah, so it seems like the applicant is already in this business and they're expanding.
[12:24] So definitely growth in the business.
[12:26] it's definitely the capitalistic way that we'd like a thing so that also
[12:32] means more revenue for the city. So definitely something that's taken to
[12:37] consideration. And was the building previously vacant? Or was it occupied?
[12:49] Well if nothing further then I suppose we'll take a motion. I was
[12:57] Just to say that as well, it's good to see that we're using a vacant building that's been there for quite a while and puts them used to it.
[13:03] So that's positive on my back.
[13:13] I move to recommend approval of the conditional use permit for a retail smoke vape shop.
[13:20] Use in an urban corridor zone at 11713 West Thunderbird Road, as presented.
[13:26] Thank you.
[13:27] Can I get a second?
[13:28] I'll second.
[13:30] All in favor?
[13:32] Aye.
[13:32] Aye.
[13:32] Okay,
[13:35] approved.
[13:41] Are you using the wait if there's unanimous, we don't, yeah, if it's unanimous, you don't.
[13:49] The next item on the agenda is a public hearing, closer of a public hearing to review and
[13:53] provide recommendation to the Emirates City Council on a request for conditional use permit for
[13:59] public or installation of a large mirror on an existing building and
[14:02] a commerce park zoning at 8.3, 7.6, note the Emirates Road in the Emirates, Arizona, 8.5, 3.5.
[14:11] Thank you, staff. Do we have a presentation?
[14:23] Yes, Vice Chair, we do have a presentation. Did you open the meeting?
[14:26] Yeah, wait. To me, open the public hearing.
[14:30] I apologize. The public hearing is now open.
[14:33] Thank you very much, sir. Again, Cory, thank you very much.
[14:37] Our second item is a request to review and recommend to the City of Omaha's City Council.
[14:45] So a condition use permit for a public art, a proposed mural on an existing building.
[14:55] The proposed mural site is located on a-
[15:00] And the existing building owned by the Arizona Cannabis Society at 937-6 North El Maraud Road. The property is at approximately 1.6 acres and is situated within the Commerce Industry Park Planning Area of the 2020 El Maraud General Plan. The zoning for the area is Commerce Park and it falls within the Luke Air Force noise contour and military territory area. There are no flood items to be addressed.
[15:29] The current land use is the Ameri1 Establishment Use.
[15:37] While the proposed use is for a public art,
[15:40] it is required by our zoning code
[15:43] that a condition primary being necessary
[15:44] before the mirror can be installed.
[15:51] In this slide, we can see the two walls and the pillar
[15:54] where the proposed mirror would be installed.
[15:57] Image A shows the south-facing wall
[16:01] and image B shows the East Facing Wall along El Marage Road.
[16:05] The arrows on the aerial shows the location of the mural
[16:10] from a planned view.
[16:13] So B will be facing El Marage Road
[16:14] and A is facing the neighboring to the south.
[16:21] Here is the artwork for the proposed mural
[16:24] called Sonoran Bloom.
[16:27] We'll let the applicant and the artist
[16:29] provide more additional information
[16:30] on the concept of the mural, stated in the Department of Narrative, these images will be installed
[16:37] on the east and south wall and on the pillar of the front entry of the building.
[16:43] The image below is a rendering of the east wall facing Elmer Road showing the final product
[16:50] for passifiers to see.
[16:56] Here is a list of the civilizations from staff in the staff report.
[17:00] And again, I'd be happy to answer any questions after my presentation.
[17:04] And again, the plans in commission may add, delete, or amend, or accept the stipulations
[17:10] as presented by staff.
[17:16] The Technical Advisory Committee has reviewed the application and determined that the project
[17:20] is appropriate to move forward for the public hearings.
[17:24] The applicant will be required to consent to the tax stipulations for the memorandum dated
[17:31] August 26, 2026, and we have received consent.
[17:36] This item was not required to be reviewed by Look Air Force Base.
[17:41] And public comment, we received one inquiry regarding the project, but no comments on
[17:46] in favor or against the proposed development or mirror.
[17:51] Again, today we're seeking a recommendation from the Planning Commission, and this item
[17:58] The item is scheduled to be on the October 6th, 20th, 26th agenda for final action from council.
[18:06] And if you approve, the applicant can commence with the installation of the mural.
[18:12] This concludes my presentation by Sir Campbell, members of the commission.
[18:17] The applicants are here in attendance and we'll be happy to answer any of your questions.
[18:22] Thank you, Jose.
[18:23] At this time, can we, if somebody would like to come to the podium, please state your name.
[18:29] and address for the record. I might have the managers
[18:33] to eat the address. I'm Darryl Morris. I'm a manager over at the Arizona
[18:36] Cannabis Society. Real quick on the first slide the address is
[18:40] nine or eight three seven six on that first slide ahead and nine.
[18:44] So our address is eight three seven six north umorazh road.
[18:48] Thank you. Is Leah Stugen. I am the main applicant but also the artist
[18:54] behind the design. So yeah the whole purpose behind
[18:59] This mural is to educate our local community about native flowers to Arizona as well as bringing beautification to the surrounding areas and also becoming a potential landmark to the local community.
[19:13] Yeah, so that's kind of the reason why we want to do something like this and wanted to create something that, again, really just showed the beauty behind native Arizona flowers.
[19:25] I know that they have plans in the future for doing some sort of, like, plans and stuff in the front area, again, using it as a purpose to educate our local community about our native land, so, yeah.
[19:40] Thank you.
[19:42] Commissioners, any questions for staff at the applicant at this time, starting with Commissioner?
[19:48] Well first I was going to ask if there was an RFP those issued but seeing that it's kind
[19:53] of in-house so it seems like that was bypassed and then local artists it seems like.
[20:00] You're local. So that would address my other concern. The other thing that I question that I have is I see that it goes up to like 50 feet high and licking at the design, are you going to need like a scissor lift or anything so that we could not get on the sidewalk because I know that that heavy machinery could actually crack the sidewalk in. Correct. Yeah, I would be doing a scissor lift or a ladder or scaffolding a scaffolding. Okay. And with the scaffolding, then
[20:29] and need an additional permits?
[20:34] I would have to check with our building official on that.
[20:37] Okay.
[20:38] I'm asking from previous experience, that's fine.
[20:40] Good to know.
[20:42] And then, yeah, I mean, I just want to know,
[20:46] is there a significance to like the plants
[20:48] that you've chosen here?
[20:50] Is there like a native plant or something that says like,
[20:53] this is Arizona, is one of these like the Arizona plant or?
[20:57] Yeah, of course we have our classic soaro or prickly pear
[21:02] So we wanted to make sure that those were also featured on both sides of the wall
[21:06] But then I also wanted to look into more native wildflowers as well
[21:11] So we have some california poppies. We have pink fairy dusters. We have blue pines checkery
[21:17] Just in my research with Arizona native flowers. Those were like the main ones that popped up
[21:24] consistently
[21:24] and just overall, I feel like work really well with the design.
[21:30] Yeah, no, definitely very vibrant, so I do appreciate that.
[21:35] That's all that I have. Thank you.
[21:38] Thank you, Commissioner Garcia.
[21:42] The design is beautiful, so can't wait to see it.
[21:46] Let's see what I had a question about.
[21:51] Oh, it's just unfortunate that that's not part of downtown.
[21:55] down and we don't get to see it all the time unless we're passing by but it's
[21:59] really nice design. Is this something you've done before? Yes, so I've had a
[22:04] lot of experiences assisting in murals. This year I've been diving into it as
[22:08] just my own personal business as well. Okay. So I do have quite a bit of experience
[22:13] working on very large scale murals. The largest one that I've got to help on was
[22:18] over 50 feet high and about 90 feet wide. So again that required some special
[22:25] certifications and give me a very good understanding of how the whole process is supposed to go.
[22:30] Okay, good. And then do you know how long the process would take?
[22:33] We're looking at about two, two and a half weeks. So potentially starting October 13th and ending
[22:40] on October 29th. It cools down. Yeah, good idea. And then I had one question. Are we able to ask
[22:48] what the comment was that was submitted to the city.
[22:53] It was more of an inquiry.
[22:55] I didn't want to know what wasn't going on the mural.
[22:57] And at the time, we didn't have the staff report available.
[23:01] Oh, OK.
[23:02] So we just told them to check with us back.
[23:05] OK.
[23:05] The lab.
[23:08] Thank you.
[23:09] Commissioner George.
[23:11] I drive by there every day on the way to pick up my son
[23:14] from school.
[23:14] and I thought the new paint looked good but wow that's gorgeous I can't wait to see it.
[23:21] Thank you.
[23:22] Thank you and Commissioner McGurr.
[23:24] My question was regarding the time frame was answered.
[23:27] Okay, thank you.
[23:29] Thank you and I have no questions.
[23:32] Fortunately that weren't asked.
[23:34] The time frame was my biggest one and then thank you for the scaffolding question.
[23:40] We'll now open the floor for public comments.
[23:42] if anyone wishes to speak, is anyone online?
[23:46] Any audience?
[23:52] Please, please say your name and address for the record.
[23:55] Home address or the address of the business?
[24:02] So, 8376, Elmeraj Road.
[24:04] So my name is Joey, Joseph.
[24:06] I'm one of the managers at Arizona Canada Society.
[24:10] I wasn't really prepared to speak,
[24:12] but I'll try to just speak my mind and speak to the heart.
[24:14] This is a, it may be a big building, but as a small business at heart kind of competing with all of the other bigger businesses around here, and we think something like this would also kind of just help not only our business but the city as well kind of catalyze what they said more revenue for the city, right?
[24:32] And to more personally, I was a little bit lost trying to find another job.
[24:39] The owners found me working at a coffee shop and I've always going to remember that.
[24:46] And kind of working my way up, just trying to be in fighting for
[24:50] this business as hard as I can, including just being here supporting the artist, supporting the business.
[24:56] So I'm going to do whatever I can to kind of make this.
[24:59] You
[25:00] Go along, but thank you so much. Appreciate you. Thank you for your comment. Yeah.
[25:10] Public
[25:11] caring is closed.
[25:16] Commissioners can now deliberate.
[25:22] Yeah, I don't know if there would be any additional
[25:24] like revenue off of commissioning and painting, but hopefully that'll drive additional sales.
[25:29] so yeah I definitely think it's good to see our going up on spaces and especially like in blank this is a blank canvas right here so it's good to see that.
[25:46] I also like the the front facade and the colors of the building so it's I'm excited to see the changes and looking forward to some color in that area.
[25:58] Yeah, Commissioner's anything further?
[26:03] Yeah, just in the more comments, I mean I said I'd love to design.
[26:05] I think you're right, I think it will draw people to the building.
[26:09] I mean, I'm one of those people that likes to stop and see if we roll and take a picture of it.
[26:13] So I think it will draw some business.
[26:18] That's same, it's beautiful.
[26:22] Is there any chance you could do some of this on Thunderbird?
[26:26] I live on Thunderbird.
[26:30] Thank you, at this time Commissioner, can I get a motion?
[26:36] would like, yes, I would like to make the recommendation to approve to the city of the El Marage City Council under request for a conditional use permit for a public heart installation of a large mural on an existing building in the Commerce Park zoning at 8376 North El Marage Road, El Marage was only a 535.
[27:00] 3-5.
[27:01] Thank you.
[27:01] Can I get a second?
[27:02] Second.
[27:03] All in favor?
[27:04] Aye.
[27:05] Aye.
[27:08] Past.
[27:09] Approved.
[27:10] Excuse me.
[27:19] The next item on the agenda is a staff report.
[27:22] The commission may not discuss or act upon any matter unless the matter is properly noticed for legal action.
[27:35] Good evening, commission members.
[27:39] It's hard to say, but we're kind of winding down the year already.
[27:41] I know we're in September.
[27:42] We only have a few months left.
[27:44] and we do have, as of right now, we do have something in line for an October meeting which
[27:50] will be on the 13th of October and it will be at the PD room because of the elections.
[27:59] So I'll give you guys posted on that if anything changes, but right now we have one item for October.
[28:04] And that's all I have.
[28:10] Good evening commissioners.
[28:13] This is my last meeting.
[28:15] I mean, I'm retiring October 2nd, almost 14 years with the city,
[28:23] eight with the state, 23 years with the year 4, so it all calculates the 47 years.
[28:31] And I just wanted to thank you for letting me serve, and it's been one heck of a ride.
[28:39] So I really, really love this city and appreciate and respect all you do, so thank you.
[28:49] Thank you.
[28:53] Nothing to report over here.
[28:59] Next item on the agenda is commissioners comments.
[29:02] The commission may not discuss or act upon any matter unless the matter is properly knows
[29:06] fully action.
[29:09] At this time, commissioners please give any comments or feel free.
[29:15] Well, first and foremost, I'd like to start by thanking Tom Doyle for your service here to the city and also want to let you know that you're like apparently nationally know now that a conference in Miami and they're like, oh, do you know Tom Doyle?
[29:28] And I'm like, yes, I do.
[29:30] You know, that was very bizarre.
[29:32] So just wanted to let you know that your work and your networking has definitely made its way across the nation.
[29:38] And so definitely thank you and it's an honor to have worked with you.
[29:42] And I'd like to thank staff and my fellow commissioners as well, looking forward to the next meeting.
[29:53] Well, thank you, Tom, for your dedication and service to the city.
[29:59] It's no small fee.
[30:00] We are undertaking to public service, so we thank you for that. At this time, I'm planning on giving my own personal resignation. With the commission, I currently moved out of the city or will be moving out of the city. And so I will be resigning from the PNZ commission effective today. But I truly want to thank staff, my fellow commissioners,
[30:27] members of council for the opportunity to serve the city and to learn so much. So thank you.
[30:40] Congratulations on your retirement. That's a lot of years well worth it. I hope that you
[30:46] leave Elmerage knowing that you made a difference. Thanks, Jeff, for the presentations.
[30:54] Sure,
[30:55] you're leaving us. Fine.
[30:59] Thank you for everything you've done to put every all the time and effort you put into the planning and zoning commission.
[31:09] Thank you and good luck to you.
[31:11] Congratulations on your retirements here.
[31:17] Congratulations.
[31:18] 47. Wow.
[31:19] I was just thinking about that.
[31:20] I'm kind of close to that, but I'm not going anywhere.
[31:24] I got a young son.
[31:25] I don't get to retire.
[31:26] I'm glad it's not in my cards, but if I could for you, man.
[31:31] Enjoy it for both of us.
[31:35] Hearing nothing further, the time is now 6.31, and this meeting is now adjourned.