Vote — approved

Steve Gallardo	yes
Jack Sellers	yes
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

5.TEMPE DANCE WEST LAVEEN Case #: Z2021016 Supervisor District: 5 Applicant / Owner: Benjamin Graff, Quarles & Brady LLP / Sandra Guerrero Request: Zone Change from Rural-43 to C-2 CUPD with a Plan of Development (POD) for a dance studio Site Location: Generally located approx. 1,080’ southeast of the SEC of 35th Ave. and Baseline Rd. in the Laveen area Commission Recommendation: On 4/22/21, the Commission voted 8-0 to recommend approval of Z2021016 subject to conditions ‘a’ – ‘g’: a. Developmen

Item Text

5. TEMPE DANCE WEST LAVEEN Case #: Z2021016 Supervisor District: 5 Applicant / Owner: Benjamin Graff, Quarles & Brady LLP / Sandra Guerrero Request: Zone Change from Rural-43 to C-2 CUPD with a Plan of Development (POD) for a dance studio Site Location: Generally located approx. 1,080’ southeast of the SEC of 35th Ave. and Baseline Rd. in the Laveen area Commission Recommendation: On 4/22/21, the Commission voted 8-0 to recommend approval of Z2021016 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Tempe Dance West Laveen“, consisting of 3 full-size sheets, dated March 25, 2021, and stamped received March 25, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Tempe Dance West Laveen”, consisting of 9 pages, dated April 1, 2021, and stamped received April 1, 2021 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Retention basins must drain within 36 hours. 2. Engineering review of planning and/or zoning cases is for conceptual design only. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 3. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for approval and acquisition of building permits. 4. Prior to the issuance of the building permit the applicant will need to obtain a SWPPP permit from Maricopa County PND. d.The following C-2 CUPD Zoning District standards shall apply: 1. Parking – 1 space required per 400 sq. ft. of floor area for dance school, daycare or preschool. All other permitted uses shall be subject to Chapter 11 requirements for commercial or public assembly uses. 2. Sight Visibility Triangles – Waiver of all required sight visibility triangles 3. Uses Permitted – All uses are prohibited except for the following uses: conservatories or studios (art, dancing or music and related performances); art galleries; day nurseries and nursery schools; photographer’s and artist’s studios, and; accessory buildings and uses customarily incidental to the above listed uses. e. 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. f. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. g. 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 Zone Change, 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 Zone Change, 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 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. (C-44-21-259-X-00)

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