Vote: approved

Item Text

PZ-5. ROYAL OAKS MEMORY CARE CENTER Case Number: Z2013020 Supervisorial District: 4 Applicant: Todd & Associates, Inc. Owner: People of Faith, Inc. DBA Request: Special Use Permit (SUP) for a residential care facility in the R-5 zoning district Site Location: Northwest corner of 99th Ave. and Royal Oak Rd. (in Sun City) Site Size: 3.59 acres of a 36.35 acre site Commission Action: By a 7-0 vote, recommended approval subject to conditions 'a' through 'n' as follows as follows: a. Development of the site shall comply with the Site Plan & Landscape Plan entitled “Friendship House at Royal Oaks“, consisting of four (4) full-size sheets, dated June 5, 2013, and stamped received June 6, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Friendship House at Royal Oaks (Memory Care) at Royal Oaks Lifecare Community”, consisting of twelve (12) pages, dated May 10, 2013, and stamped received May 14, 2013, except as modified by the following conditions. c. Development of the site shall be in conformance with the Building elevations entitled “Friendship House at Royal Oaks consisting of two (2) pages, dated May 10, 2013, and stamped received May 14, 2013, except as modified by the following conditions. d. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. g. Prior to zoning clearance the owner shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. h. The following Drainage Review conditions shall apply: 1. Soil percolation testing, performed in accordance with DPS 6.10.12, must be provided at the time of submission of plans for building permits. The percolation testing must be performed at a depth equal to the bottom of the subsurface retention system. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 3. 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 Drainage Policies and Standards. 4. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. i. This Special Use Permit shall expire thirty (30) years from the date of approval by the Board of Supervisors, or upon termination of the use, whichever occurs first. j. The applicant/owner shall submit a written report outlining the status of the development at the end of two years 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 stipulations. k. 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. l. 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). m. 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 or Zone Change] as set forth in the Maricopa County Zoning Ordinance. n. 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-44-14-010-M-00)