Vote: approved

Item Text

PZ-2. SOUTHERN COMFORT ESTATES, LLC Case #: Z2015097 Supervisor District: 4 Applicant/Owner: Adam Baugh, Withey Morris, PLC / Southern Comfort Estates, LLC Request: Special Use Permit (SUP) for an agriculturally related facility in the Rural-43 zoning district Site Location: Generally located at the northeast corner of Southern Ave. and 231st Ave. Commission Recommendation: On 4/7/16, the Commission voted 8-0 to recommend approval of Z2015097 subject to conditions ‘a’ – ‘k’: Provided the following conditions are met: a. Development and use of the site shall comply with the site plan entitled “Agricultural Workshop Facility – Z2015097”, consisting of one (1) full-size sheet, dated February 18, 2016, and stamped received February 23, 2016, except as modified by the following conditions. b. Development and use of the site shall comply with the narrative report entitled “Southern Comfort Estates, LLC – Special Use Permit Request”, consisting of six (6) pages, dated revised February 19, 2016, and stamped received February 23, 2016, except as modified by the following conditions. c. This Special Use Permit shall expire 25 years from the date of approval by the Board of Supervisors, inactivity 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 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. The following Engineering conditions shall apply: 1. Turn blocks shall be provided in the screen walls within retention basins from finish grade to water surface elevation. The screen walls must allow water to freely flow through to equalize water surface elevations on both sides. 2. The Conic Frustum method for retention calculations must be used. Retention basins are not symmetrical to warrant the average end area method, which over estimates the volume. f. The following MCDOT condition shall apply: 1. Any construction (driveway, utilities, etc.) within the Southern Avenue right-of-way will require a City of Buckeye Right-of-Way Permit during the Building Permit review process. Please refer to the City of Buckeye for right-of-way dedications. MCDOT review shall require a City of Buckeye Approval Letter for work in the right-of-way during the Building Permit review process. g. The following MCESD condition shall apply: 1. A Notice of Intent to Discharge permit is required prior to construction permit issuance. h. All outdoor lighting shall conform to the Maricopa County Dark Sky Ordinance at time of permit. Future changes to outdoor lighting shall comply with City of Buckeye Dark Sky standards. i. 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. 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-44-16-067-M-00)