Vote: approved

Item Text

PZ-1. Z2013071 – RENAISSANCE PHASE III Supervisor District: 1 Title: Renaissance Phase III Case Number: Z2013071 Supervisorial District: 1 Applicant: Whitneybell Perry, Inc Owner: R.N.S. Center LP Request: Special Use Permit (SUP) for an assisted living facility in the C-2 & R1-6 RUPD zoning districts Site Location: Northwest corner of Riggs Rd. and S. Pima Pl. (in Sun Lakes) Site Size: Approx. 5.2 acres Commission Action: By a vote of 6-0, recommended approval of Z2013071 subject to conditions ‘a’ – ‘p’ as follows: Provided the following conditions are met: a. Development of the site shall comply with the site plan entitled “Renaissance Phase III“, consisting of five (5) full-size sheets, dated revised October 21, 2013, and stamped received October 21, 2013, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Narrative for Special Use Permit for Renaissance Phase III at Sun Lakes”, consisting of nine (9) pages, dated revised October 21, 2013, and stamped received October 21, 2013, except as modified by the following conditions. c. Development of the site shall comply with the wall plans an landscaping plans entitled “Renaissance Phase III“, consisting of three (3) full-size sheets, dated revised October 21, 2013, and stamped received October 21, 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. The following Maricopa County Department of Transportation conditions shall apply: 1. Construct off-site improvements on Riggs Road right-of-way for new private driveway. 2. Any landscaping in County right-of-way must meet requirements in the MCDOT Roadway Design Manual and permit. f. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. g. The following Maricopa County Department of Environmental Services Department conditions shall apply: 1. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and discharge Control Regulation. The owner/developer shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and obtain approval by MCESD prior to construction. A separate submittal to MCESD is required. Upon completion of construction, the owner shall fulfill MCESD requirements and obtain a post-construction stormwater permit. 2. The site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. 3. The site plan shall also contain a note granting the MCESD the right, but not the duty, to enter upon the premises to repair or restore stormwater management facilities, systems, and/or devices in the event that the responsible entity fails to do so, to charge and assess the costs thereof to the owner and to enforce said charges and assessments by lien upon the property. h. The following Drainage Review conditions shall apply: 1. Final drainage design shall demonstrate that the stormwater retention will be disposed of within 36 hours. In accordance with Drainage Policies and Standards Standard 6.10.12, basin bottom percolation capacity shall be proven by tests showing that a minimum, the factored rate is 0.5 inches per hour. For the purpose of estimating the numbers of drywells, the presumptive percolation rate is 0.1 cfs per drywell. The routing of stormwater shall conform to the 2- hour Storm Distribution of Drainage Design Manual Vol. II. 2. 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. 3. 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. i. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. j. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. k. Prior to zoning clearance, developer(s) and/or builder(s) 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, servicing the site. l. This Special Use Permit shall expire 75 years from the date of approval by the Board of Supervisors, or upon expiration of the lease to the applicant, or upon termination of the use, whichever occurs first. All of the site improvements shall be removed within 60 days of such termination or expiration. m. 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. n. 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). o. 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. p. 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-44-14-039-M-00)