Vote: approved

Item Text

PZ-3. SUPERSTITION MANOR Case # Z2014012 Supervisor District: 2 Applicant/Owner: John Burns Request: Major Amendment to Special Use Permit (Z2012086) for Superstition Manor Site Location: Located at the northwest corner of Brown Rd. and Signal Butte Rd in the east Mesa area Site Size: Approx. 6.2 acres County Island Status: N/A Additional Comments: Attached is handout material provided to the Commission including changes to the recommended conditions and opposition/support documents since the writing of the report. The applicant also gave a handout to the Commission, attached. Since the Commission hearing staff has received an appeal of the P&Z recommendation to the Board. This appeal, attached, requires this case to be on the regular agenda. Staff has received a memo from the New River/Desert Hills Community Association (NRDHCA) on 6/16/15. The memo is included as supplemental to this report. On 6/12/15 staff received an email from Mr. Donald Dahler (included with this report), the supplier of petitions and emails regarding opposition for this case. He removed several of the names from the opposition list within 300’ of the subject site indicating they have “changed their minds”. The memo states that there are four (4) parcels within 300’ that are still opposed. Staff confirms three (3) of these parcels in opposition. Parcel #220-04-014P is now under new ownership (updated by the Maricopa County Assessor’s Office) where the new owners support the Amendment. Within the 300’ radius, staff counted ten (10) residents in support of the Amendment. The opposition parcels do not trigger a Super Majority vote by the Board. The trigger for a supermajority vote is when 20% or more of property owners within 300’ radius of the subject site, by number and area register opposition to the case. The map for opposition/support calculation is included as an attachment to this report with the following opposition percentages: 31.49% opposed parcel acreage within 300’ buffer 17.65% opposed parcel numbers within 300’ buffer Since this case was originally opened in 2014, staff has received a total of 246 opposition and 592 support documents in the form of emails and petitions. This is not excluding duplicates. Staff did not include the opposition/support items from before this case was first withdrawn on June 9, 2014. However, staff includes these documents with this report to have all documents available for analysis by the Board. Lastly, staff received one email of support and one email of opposition since the Commission hearing, these are included with this report. Commission Recommendation: On 6/11/15, the Commission voted 5-0-1 (Commissioner Muller abstained), recommended denial as filed, and approval of only the following requests for Z2014012: 1. Increase and reconfiguration of the parking to have a total of 151 parking spaces (137 regular parking spaces, 5 trailer parking spaces, 6 handicap spaces, and 3 limousine spaces). 2. Off-site rental business of wedding material as part of the SUP use of the site. 3. 1,850 sq. ft. patio shade cover on the south side of the existing wedding center building. 4. Allowing altered R1-35 development standards for the following: A 20 ft. setback from the property lines along Brown Rd. and Signal Butte Rd. and a rear setback of 20 ft. to allow for the existing wedding center setback. Also, 8 ft. (h) solid walls along lot lines. Subject to conditions ‘a’ – ‘x’ (in recommended final format): a. Development of the site shall be in substantial conformance with the Site Plan entitled “Superstition Manor”, consisting of one (1) full-size sheet, dated April 24, 2015, and stamped received April 27, 2015, except as modified by the following conditions. Within 30 days of Board of Supervisors’ approval, the site plan shall be revised to delete the 5,000 sf new storage building and 8,116 sf new building (addition) with grooms room, and 1,157 sf new patio cover – and replace with a maximum building square footage of 3,400 sf aggregate additional building space for storage and kitchen only (as approved previously). 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 May 22, 2015, and stamped received May 22, 2015, except as modified by the following conditions. A revised narrative report shall be provided within 30 days of Board approval that is consistent with the following conditions. c. These listed conditions supersede all conditions of approval for Z2012086 as amended Z20130113 & Z2014021. d. The Special Use Permit is for a wedding/event reception center, catering, and offsite event consulting and equipment rental storage. Said equipment rental shall be limited to materials used at the Superstition Manor event center. No customer pick-up of equipment for off-site use is allowed. e. The Special Use Permit shall vary the R1-35 development standards to permit an 8’ high solid wall along all lot lines, and a 20’ minimum setback along the Brown Rd and Signal Butte Rd street lines as well as a 20’ rear setback for the existing wedding center buildings. f. All landscaping shall be maintained and replaced as necessary to maintain the integrity of the proposal for the life of the Special Use Permit. g. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. h. The hours of operation (open to the public) for this facility shall be restricted to between 10:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to 11:00 p.m. on Friday and Saturday. i. The maximum number of people on the property at any one time is limited to 250. There shall be no more than 250 persons on site at any given time. This includes guests, customers, staff, residents, visitors and any other persons. j. Security and parking attendants shall be provided for every event (or combination of concurrent/overlapping events) over 150 guests. k. No amplified music or speakers are permitted outside other than during a ceremony officiated by an individual authorized to perform weddings. Amplified music inside shall not extend past 9:00 p.m. Sunday – Thursday and 10:00 p.m. on Friday and Saturday. Noise generated on site shall not exceed 55 dB average over a 10 minute period as measured outside the boundary of the special use permit. l. Outdoor parking lot lighting and wall lighting in excess of 60 watt incandescent or equivalent lumens shall be fully shielded and directed downward. Parking lot lighting and wall lighting shall be turned off within 30 minutes after the event. This condition does not apply to outdoor light fixtures at the residential entrance to the building. There shall be no lighting on perimeter walls except at driveways. m. The designated onsite parking area must be paved with or use of recycled asphalt material that meets Air Quality standards with marked spaces. All guests, customers, customers, staff, residents, visitors and any other persons shall park in the designated parking area and not on the adjacent streets, proximate neighborhood streets, or offsite residential parcels; except that offsite event parking at nonresidential properties is permitted with a valet or shuttle service. n. Maricopa County Department of Transportation extends their recommendation with the following conditions: 1. The plans show expansion of the SUP area for a distance of ±85 feet along Brown Road (a minor arterial roadway). Dedication of 25’ (to provide a 65’ total half-width) along Brown Road is required and is shown on the plan. Dedication of the required right-of-way shall occur prior to the issuance of zoning clearance for any work on the site. 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. At the time of the application for building permits, the applicant shall provide a design for the openings in the north wall such that historic flow conditions are maintained. 2. At the time of the application for building permits, the applicant shall provide calculations substantiating the design of the new drainage improvements, including culverts, on the site. 3. At the time of the application for building permits, the applicant shall provide required testing to demonstrate that the retention basins will drain within 36 hours. 4. The new parking areas and storage building areas shall be graded such that their runoff flows are directed to the new retention basin(s). 5. 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. 6. 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. 7. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. q. This Special Use Permit shall expire on March 27, 2023. 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. If the conditions of Special Use Permit approval have not been maintained the matter may be considered by the Board of Supervisors for revocation upon recommendation by the Planning and Zoning Commission. 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. w. Event traffic exiting onto Signal Butte Road shall only be permitted turning right / southbound. Applicant shall address by signage, striping or physical barrier. There shall be no event traffic ingress/egress from Brown Rd. There shall be no event traffic ingress/egress onto 107th St other than for the purpose of secondary emergency access. x. The following MCESD conditions will apply: 1. Contact the Onsite Program (602-506-0372) for possible septic permitting requirements associated with the expansion (new building up to 6,000 sq. ft. and 5,000 sq. ft. storage building). 2. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. If required, the owner/developer shall prepare a SWPPP and obtain approval by MCESD prior to construction. (A separate submittal to MCESD would be required.) If required, upon completion of construction, the owner shall fulfill MCESD requirements and obtain a post construction stormwater permit. 3. If applicable, 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. (C-44-15-107-M-00)