Vote: approved

Item Text

PZ-4. MASTERPIECE CHURCH-DAYCARE Case #: Z2014091 Supervisor District: 5 Applicant & Owner: Hunt Architects, Inc. / MasterPiece Church Request: Special Use Permit (SUP) for a day care operation in the R-3 zoning district Site Location: Generally located 720’ west of the southwest corner of 35th Ave. and Dobbins Rd. in the Laveen area. Site Size: Approximately 2 acres Commission Recommendation: On 3/10/16, the Commission voted 7-0 to recommend approval of Z2014091 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in conformance with the Site Plan entitled “MasterPiece Church-Daycare”, consisting of one (1) full-size sheet, stamped received January 7, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “MasterPiece Church-Day Care Special Use Permit”, consisting of five (5) pages (including sign exhibit), stamped received January 7, 2016, except as modified by the following conditions. c. This Special Use Permit shall expire twenty (20) years from the date of approval by the Board of Supervisors, inactivity of the use for a period of 90 or more consecutive days, 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. d. The applicant/owner shall submit a written report outlining the status of the development at the end of five (5) 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 conditions. e. Prior to occupying the existing residence or any portion thereof for any use associated with the Special Use Permit, the applicant shall obtain a Building Permit to retrofit the existing residence to meet current commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy. f. The following MCDOT condition shall apply: 1. The applicant shall provide a total half-width right-of-way of 55 feet for Dobbins Road. All such dedications shall be in fee and free of all liens and encumbrances. Prior to acceptance of such dedication, the applicant shall provide the County an owner’s title insurance policy issued to the County, the MCDOT environmental checklist and any 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 applicant. Right-of-Way dedication shall occur prior to zoning clearance. g. The following MCESD conditions shall apply: 1. Contact the Drinking Water Program for permitting requirements for the public water system. 2. Contact the Onsite Program for permitting requirements for the change of use and change of required capacity for the septic system. 3. The proposed project is located within the unincorporated urbanized area regulated by the Maricopa County Stormwater Quality Program and may need a stormwater approval and permit. h. Major changes to this Special Use Permit shall be processed as a revised application in the same manner as the original application, with final determination made by the Board of Supervisors following recommendation by staff and the Planning and Zoning Commission. Minor changes may be administratively approved by staff of the Planning and Development Department. i. Non-compliance with the Special Use Permit (the site plan and narrative report) or the conditions of approval will be treated as a violation in accordance with provisions of the Maricopa County Zoning Ordinance. j. Noncompliance with any Maricopa County Regulation shall 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 allows the property to enjoy uses in excess of those permitted by the zoning existing on the date of application, subject to conditions. In the event of the failure to comply with any condition, 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 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-44-16-054-M-00)