Vote: held

Item Text

PZ-6. THUNDER RIDGE AIR PARK Case #: Z2016008 Supervisor District: 4 Applicant/Owner: Beus Gilbert PLLC / Thunder Ridge Air Park HOA Request: Major Amendment a Special Use Permit (SUP) for a private runway/airstrip in the Rural-43 zoning district. Site Location: Generally located south of Joy Ranch Road on the 237th Avenue alignment in the Morristown area. Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend approval of Z2016008 subject to conditions ‘a’ – ‘q’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Site Plan entitled “Thunder Ridge Air Park Major SUP Amendment”, consisting of three (3) full-size sheets, dated stamped received May 6, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Thunder Ridge Air Park Major Special Use Permit Amendment”, consisting of seventeen (17) pages, dated stamped received June 15, 2016 except as modified by the following conditions. c. The Special Use Permit (SUP) may be removed by the Board of Supervisors (BOS) upon termination of the runway use, or upon determination of noncompliance with the conditions of SUP approval. If the BOS removes/rescinds/revokes the SUP, all improvements related specifically to the runway SUP must be removed within 60 days of such termination. d. A status report shall be required every ten (10) years from the approval date and/or proposal to expand the number of lots served by the runway or to modify flight patterns. Luke Air Force Base and the Federal Aviation Administration must be notified of these changes. e. The Special Use Permit (SUP) shall be limited to the use of the owners and guests of lots with direct frontage onto the east or west side of the 2,641 ft. runway/taxiway as illustrated in condition ‘a’. f. The following Drainage Plan Review stipulations shall apply: 1. All development and engineering design shall be in conformance with the Drainage Regulation 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 the Drainage Regulations and design policies and standards. g. The following Maricopa County Department of Transportation (MCDOT) stipulation shall apply: 1. Provide a total half-width of 40 feet R/W on Joy Ranch Rd. 2. Provide a total half-width of 65 feet R/W on 235th Ave. h. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. i. The following MCESD condition shall apply: If, in the future, a review finds that the Thunder Ridge water system meets the criteria as a Public Water System, it must come into compliance as a PWS within 1 year of notification. j. Prior to any future development, a Floodplain Clearance will need to be obtained from the Floodplain Management and Services Division of the Flood Control District as a part of the building permit process. k. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the Circle City Morristown Volunteer Fire Department. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. l. 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 Department servicing the site. m. The applicant or his successor shall obtain approval of any development plans from the Office of the Arizona State Fire Marshal prior to any construction. n. 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. o. 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). p. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Plan 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. q. The granting of this change in use of the property has been at the request of the applicant, with the consent of the landowners. 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-44-17-009-M-00)