Vote: approved

Item Text

PZ-2. SUPERSTITION MANOR Applicant has requested continuance of this item. Staff requests continuance to March 27, 2013 Case #: Z2012086 Supervisor District: 2 Applicant: Pew & Lake, PLC on behalf of John & Lisa Burns Request: Special Use Permit (SUP) for Assemblage of Large Groups of People in the R1-35 zoning district Site Location: 10744 E. Brown Rd., Mesa Site Size: 2.75 ac. Commission Recommendation: Approval by a 6-0 vote subjection to conditions “a” – “v”: a. Development of the site shall comply with the Site Plan entitled “Superstition Manor”, consisting of two (2) full-size sheets, dated January 10, 2013, and stamped received January 11, 2013 except as modified by the following conditions. Within 30 days of Board of Supervisor’s approval, the site plan shall be revised to illustrate the following: 1) wall sign in conformance with the Maricopa County Zoning Ordinance and 2) a landscape plan. b. Development of the site shall be in conformance with the Narrative Report entitled “SUP for Superstition Manor”, consisting of eight (8) pages, dated revised January 11, 2013, and stamped received January 11, 2013, except as modified by the following conditions. c. All landscaping shall be installed prior to commencement of the use. All landscaping shall be maintained and replaced as necessary to maintain the integrity of the proposal for the life of the Special Use Permit. d. Prior to commencement of the use, as required by the Development Services Department a commercial remodeling building permit must be completed. e. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. The hours of operation (open to the public) for this facility shall be restricted to between 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 8:00 a.m. to 11:00 p.m. on Friday and Saturday. h. The maximum number of people on the property at any one time is limited to 250. i. Security and parking attendants shall be provided for every event over 150 guests. j. Food permits and liquor licenses shall be obtained prior to each event as appropriate. k. No amplified music is permitted outside. Amplified music inside shall not extend past 9:00 p.m. Sunday – Thursday and 10:00 p.m. on Friday and Saturday. l. Outdoor parking lot lighting shall be turned off within 30 minutes after the event. m. No off-site parking is permitted. n. Maricopa County Department of Transportation extends their recommendation with the following conditions: 1. The owner shall provide a total half-width of right of way: Brown Road – 65 feet. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the owner shall provide the County an owner’s title insurance policy issued to the county, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right of Way Dedications Reference Guide.” Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the owner. Right of way dedication shall occur within six (6) months of approval of this requires by the Board of Supervisors, and prior to zoning clearance. 2. Pave all portions of driveways located within County right of way. (Must obtain MCDOT permit for all work within right-of- way.) Driveways must be constructed to MCDOT standards. o. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. p. The following Drainage Review conditions shall apply: 1. The Owner or Owner’s Agent must apply for a permit for the storage container shown on the Grading and Drainage Plan prior to or concurrent with any building permit application for work on this site; or remove it from the site. 2. The grading of the site must provide for positive drainage towards the retention basin. At the time of application for building permits(s), the Grading and Drainage Plan must be revised to eliminate local low points within the site and demonstrate that flows from the site will be directed to and retained in the retention basin. 3. At the time of application for building permit(s), the site cross sections must be drawn to scale (exaggerated vertical (10x the horizontal scale)) and show existing and proposed grade elevations through the new improvements (i.e. retention basin) on the site. 4. 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 the Drainage Regulations and design policies and standards. 5. 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. q. This Special Use Permit shall expire ten (10) years from the date of approval by the Board of Supervisors. r. The applicant/owner shall submit a written report outlining the status of the development annually from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. s. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. t. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). u. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. v. 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 is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, 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. (C-44-13-085-M-00)

Vote: approved

Item Text

PZ-1. SUPERSTITION MANOR Case #: Z2012086 Supervisor District: 2 Applicant: Pew & Lake, PLC on behalf of John & Lisa Burns Request: Special Use Permit (SUP) for Assemblage of Large Groups of People in the R1-35 zoning district Site Location: 10744 E. Brown Rd., Mesa Site Size: 2.75 ac. Commission Recommendation: Approval by a 6-0 vote subjection to conditions “a” – “v”: a. Development of the site shall comply with the Site Plan entitled “Superstition Manor”, consisting of two (2) full-size sheets, dated January 10, 2013, and stamped received January 11, 2013 except as modified by the following conditions. Within 30 days of Board of Supervisor’s approval, the site plan shall be revised to illustrate the following: 1) wall sign in conformance with the Maricopa County Zoning Ordinance and 2) a landscape plan. b. Development of the site shall be in conformance with the Narrative Report entitled “SUP for Superstition Manor”, consisting of eight (8) pages, dated revised January 11, 2013, and stamped received January 11, 2013, except as modified by the following conditions. c. All landscaping shall be installed prior to commencement of the use. All landscaping shall be maintained and replaced as necessary to maintain the integrity of the proposal for the life of the Special Use Permit. d. Prior to commencement of the use, as required by the Development Services Department a commercial remodeling building permit must be completed. e. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. f. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. g. The hours of operation (open to the public) for this facility shall be restricted to between 10:00 a.m. to 9:00 p.m. Sunday through Thursday and 8:00 a.m. to 11:00 p.m. on Friday and Saturday. h. The maximum number of people on the property at any one time is limited to 250. i. Security and parking attendants shall be provided for every event over 150 guests. j. Food permits and liquor licenses shall be obtained prior to each event as appropriate. k. No amplified music is permitted outside. Amplified music inside shall not extend past 9:00 p.m. Sunday – Thursday and 10:00 p.m. on Friday and Saturday. l. Outdoor parking lot lighting shall be turned off within 30 minutes after the event. m. No off-site parking is permitted. n. Maricopa County Department of Transportation extends their recommendation with the following conditions: 1. The owner shall provide a total half-width of right of way: Brown Road – 65 feet. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the owner shall provide the County an owner’s title insurance policy issued to the county, the MCDOT environmental checklist and any and all other requirements as set forth in the “MCDOT Right of Way Dedications Reference Guide.” Until Maricopa County has accepted said dedication, all responsibilities, including but not limited to maintenance and repair for the property to be dedicated shall be that of the owner. Right of way dedication shall occur within six (6) months of approval of this requires by the Board of Supervisors, and prior to zoning clearance. 2. Pave all portions of driveways located within County right of way. (Must obtain MCDOT permit for all work within right-of- way.) Driveways must be constructed to MCDOT standards. o. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. p. The following Drainage Review conditions shall apply: 1. The Owner or Owner’s Agent must apply for a permit for the storage container shown on the Grading and Drainage Plan prior to or concurrent with any building permit application for work on this site; or remove it from the site. 2. The grading of the site must provide for positive drainage towards the retention basin. At the time of application for building permits(s), the Grading and Drainage Plan must be revised to eliminate local low points within the site and demonstrate that flows from the site will be directed to and retained in the retention basin. 3. At the time of application for building permit(s), the site cross sections must be drawn to scale (exaggerated vertical (10x the horizontal scale)) and show existing and proposed grade elevations through the new improvements (i.e. retention basin) on the site. 4. 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 the Drainage Regulations and design policies and standards. 5. 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. q. This Special Use Permit shall expire ten (10) years from the date of approval by the Board of Supervisors. r. The applicant/owner shall submit a written report outlining the status of the development annually from the date of approval by the Board of Supervisors. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved conditions. s. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. t. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). u. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. v. 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 is temporary and allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions and stipulations. In the event of the failure to comply with any condition or stipulation, and at the time of expiration of the Special Use Permit, the property shall revert to the zoning that existed on the date of application. It is, therefore, stipulated and agreed that either revocation due to the failure to comply with any conditions or stipulations, 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. This item was continued from the March 13, 2013 meeting. (C-44-13-085-M-00)