Vote: approved

Item Text

PZ-5. COLE PARTY EXPANSION Case: Z2013027 Supervisor District: 1 Applicant / Owner: Dave & Siiri Cole Request: Special Use Permit (SUP) to permit large assemblage of people for private parties in the Rural-43 zoning district Site Location: West side of McQueen Rd. south of Germann Rd. and approx.. ¼ mile north of Queen Creek Rd., in the Chandler Area. Site Size: Approx. 1.91 acre site within a 6.2 acre parcel Commission Recommendation: By a vo t e of 7-0 recommended approval subject to conditions ‘a’ – ‘k’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan “Cole Residence”, consisting of three (3) full-size sheets, stamped received April 11, 2014, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Cole Party Expansion”, consisting of seventy (70) pages, stamped received March 14, 2014, except as modified by the following conditions. c. This Special Use Permit (SUP) shall expire thirty (30) years from 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. d. The applicant shall submit a status report outlining the status of the development every five (5) years from the date of approval by the Board of Supervisors for the duration of the thirty (30) year Special Use Permit timeframe. The status report shall be reviewed by staff to determine whether the Special Use Permit remains in compliance with the approved stipulations, with the ability to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) if needed. e. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. f. Hours of operation for the facility shall be from 8:00 a.m. to 7:00 p.m. seven (7) days a week. g. 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. h. The following Drainage Review conditions shall apply: 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. 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. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. i. 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). j. 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. k. 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-44-14-084-M-00)