Vote: held

Item Text

PZ-8. KINDERLAND Case #: Z2015099 Supervisor District: 5 Applicant & Owner: Withey Morris PLC / Sandra Guerroro Request: Zone Change from Rural-43 to C-2 CUPD with a precise Plan of Development for a proposed preschool and day care center Site Location: Generally located approximately 970 ft. east of the intersection of 35th Avenue and Baseline Road in the Laveen area CommissionRecommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of Z2015099 subject to conditions ‘a’ – ‘j’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Site Plan”, consisting of 1 full-size sheet, dated April 12, 2016, and stamped received July 15, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “The Garden at Kinderland”, consisting of 36 pages, dated July 15, 2016, and stamped received July 15, 2016 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter by Rural Metro for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. The following Planning conditions shall apply: 1) All retention basins must drain within 36 hours. 2) 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. 3) Detailed Grading and Drainage Plans shall be submitted with the application for building permits. 4) Access to and improvements along Baseline Road are subject to review and approval by the City of Phoenix. e. The CUPD overlay is applied to restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. A public water system shall be required prior to establishment of any non-residential use that requires potable water. f. The applicant/property owner shall provide a recorded copy of the 25’ access easement along the eastern parcel boundary as part of the initial construction permit submittal. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. h. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. j. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years, within which time the construction permit must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015099 which details the status of this project, including progress on obtaining construction permits. The status report is to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for the undeveloped parcel. Status reports will be required until completion of construction for the parcel. (C-44-17-017-M-00)