Vote: held

Item Text

5. ENCHANTED GARDEN Case #: Z2019134 Supervisor District: 5 Applicant & Owner: Carmen Eggleston, Enchanted Garden, LLC / All Other Properties, LLC Request: Special Use Permit (SUP) for public assembly to accommodate a wedding/event facility in the Rural-43 zoning district Site Location: Generally located 700’ northwest of the northwest corner of Carver Rd. and 43rd Ave. in the Laveen area Commission Recommendation: On 9/23/21, the Commission voted 5-2 to recommend approval of Z2019134 subject to conditions ‘a’ – ‘m’: a. Development of the site shall be in conformance with the Site Plan entitled “Enchanted Garden”, consisting of two pages, dated August 8, 2021, and stamped received August 10, 2021, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Enchanted Garden”, consisting of seven pages, dated June 15, 2021, and stamped received June 21, 2021, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. At the time of acquisition of building permit(s), retention basin(s) must be designed to drain within 36 hours. If drywells are needed to meet the 36-hour de-watering requirement, dual-chamber drywells will be required because the retention basin stores both offsite and onsite flows. 2. At the time of acquisition of building permit(s), the driveway connection to Carver Road shall be in accordance with the fourth site plan submitted on 8/10/2021. 3. 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. 4. Engineering 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 Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 5. Detailed Grading and Drainage Plans showing the new site improvements must be submitted with building permit(s). d. This special use permit is valid for a period of 15-years and shall expire on October 20, 2036, or upon termination of the use for a period of 90 or more days, whichever occurs first. All site improvements associated with the special use permit shall be removed within 90 days of such expiration or termination of use. e. The following Hillside and Rural-43 development standards shall apply: 1. Reduced required yards to zero feet only in areas of the lot classified as Hillside to accommodate screening walls, landscaping, and retention along these property lines. And, Rural-43 base required yards in portions of the lot not classified as Hillside. 2. An increase of the maximum allowed height for the reception hall’s tower to 44-feet above original natural grade. 3. Allow use of six-foot tall wrought iron fences without screening materials along the south property line and along 145-feet of the east and west property lines from the south property line northwards, then six-foot high solid block wall extending north on both these sides up to and including the north boundary line. 4. Permit the use of alternative materials in parking areas that conform to County and Maricopa County Department of Air Quality requirements to minimize dust pollution from driveways and parking areas, in lieu of asphalt pavement or concrete. f. The applicant/developer shall submit a “Will-Serve” letter from the City of Phoenix prior to Building Permits, ensuring that the City will provide public water to the site. g. Sound attenuation shall be incorporated in the construction of the reception hall building to maintain exterior sound buffering of 45 decibels from the edge of the property lines. h. Events shall be limited to 8 a.m. to 10:00 p.m. Monday through Thursday and 8 a.m. to 11:00 p.m. Friday through Sunday. There shall be no multiple events occurring on site simultaneously and events shall be spaced a minimum of one hour between each event. i . 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. j. 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. k. There shall be no outdoor amplified music and the south doors of the reception hall shall be closed during events. l. The east side doors of the reception hall shall be screened by walls and dense landscaping for sound mitigation. m. Outdoor live performances shall be limited to string instruments and/or vocal. (C-44-22-355-X-00)

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