Vote — approved

Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Bill Gates	yes
Steve Gallardo	yes

Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo

Item Text

23. GAMBLERS ROW Case #: Z2022171 Supervisor District: 4 Applicant & Owners: John Mireles, Hitt-Zollars INC / Jordan Ben JTL LLC Request: Special Use Permit (SUP) for an equestrian event facility with an RV Park in the Rural-43 zoning district Site Location: Generally located 500’ west of the SWC of Pete Road and Eagle Eye Road in the Aguila area Commission Recommendation: On 11/2/23, the Commission voted 4-1 to adopt a motion recommending the Board of Supervisors deny Z2022171. Staff Alternative: The staff report presented to the Commission included staff recommendation for denial. However, in the event the Board motions for approval of Z2022171, staff suggests conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the site plan entitled “Gambler’s Row“, consisting of nine full-size sheet, dated March 7, 2023, and stamped received April 13, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the narrative report entitled “Narrative Report for Gambler’s Row”, consisting of sixteen pages, dated March 6, 2023, and stamped received March 22, 2023, except as modified by the following conditions. c. A 6 foot solid CMU wall shall be provided along the east property line to serve as screening from the development. d. The following Planning Engineering conditions shall apply: 1. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. e. This special use permit is valid for a period of ten (10) years and shall expire on December 6, 2033, or upon the 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. f. The number of events shall not exceed a 80 per year. g. Operation hours for events shall only be from 8:00 a.m. to 10:00 p.m. h. All outdoor lighting shall be in conformance with the provisions of Section 1112 of the Zoning Ordinance and shall be placed so as to reflect light away from any adjoining rural or residential zoning district. Parking lot lighting and related facility lighting shall be shut off by 11:00 p.m. i. Noncompliance with any Maricopa County regulation or ordinance shall be grounds for initiating revocation of this SUP as set forth in the Maricopa County Zoning Ordinance. j. 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. 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-44-24-116-X-00)

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