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

11. AZ HAPPY VALLEY ROYAL CARE, LLC Case #: Z2021065 Supervisor District: 4 Applicant & Owner: Daniel Istrate - Kontexture / AZ Happy Valley Royal Care, LLC Request: Special Use Permit (SUP) for assisted living home of 16 residents in the Rural-43 zoning district Site Location: Generally located at the NWC of 83rd Ave. and Mariposa Grande in the Peoria area Commission Recommendation: On 11/2/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2021065 subject to conditions ‘a’ – ‘k’: a. Development of the site shall be in substantial conformance with the site plan entitled “Happy Valley Royal Care“, consisting of 3 full-size sheets, dated August 23, 2023, and stamped received August 23, 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 “AZ Happy Valley Royal Care”, consisting of 6 pages, dated September 25, 2023, and stamped received October 2, 2023, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. The applicant will be responsible for coordinating with the City of Peoria to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements for 83rd Avenue in conjunction with this proposed entitlement. 2. Construction of new screen/perimeter walls will require a building permit from Maricopa County Planning and Development. Solid walls shall contain a turned block, every other block, at the base course for drainage. 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. d. The following SUP standards shall apply: 1. Min. Front Yard (to centerline of 83rd Avenue) – 78’ 2. Min. Lot Area – 34,800 sq. ft. 3. Max. Lot Coverage – 31% 4. Sight Visibility Triangles – 4 required SVTs waived at north and south property access points; however, all sight visibility triangles required of City of Peoria and/or MCDOT roadway standards shall be required. 5. Signage in Right-of-Way - Existing signage may be located in the public right-of way (83rd Avenue) upon approval of the City of Peoria otherwise the portion of wall and signage within ROW shall be relocated in accordance with 1402.1.1 of the MCZO. 6. Signage on Property - Existing signage may be located outside of the property upon approval of the City of Peoria otherwise the screening and signage within ROW and signage shall be relocated in accordance with 1402.1.2 of the MCZO. Wall signage may be located on the perimeter property line wall; however, all other signage shall conform to 1402.5.1.5 of the MCZO. 7. Signage Identifying Care Facilities - Existing signage is permitted along the front perimeter wall subject to the approval of the City of Peoria otherwise the screening and signage within ROW and signage shall be relocated in accordance with 1402.1.2 of the MCZO. Wall signage may be located on the perimeter property line wall; however, all other signage shall conform to 1402.5.1.5 of the MCZO. 8. Landscaping - Existing landscaping areas as depicted on the site plan permitted in lieu of landscaping requirements 9. Parking Spaces Required - 9 total spaces required including 2 ADA spaces e. No expansions of this SUP shall be permitted to take place on the adjacent property of APN#201-15-030D without the submittal of a SUP major amendment. As part of the major amendment, full grading and drainage fees shall be required along with grading and drainage plans serving both APN#201-15-030D and APN#201-15-030G. No grading and drainage waivers for pre-developed sites shall be given in a further expansion of the site. f. All outdoor lighting shall be in accordance with Section 1112 of the Maricopa County Zoning Ordinance. g. The SUP is valid for a period of 15 years and shall expire 15 years from the date of BOS approval (December 6, 2038) 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. h. Prior to occupying the existing residence or any portion thereof for any use associated with the special use permit, the applicant shall obtain a building permit to retrofit the existing residence to meet current building code requirements for an Institutional occupancy as applicable and shall obtain a certificate of occupancy for the retrofitted building prior to occupancy. i. Noncompliance with any Maricopa County regulation shall be grounds for initiating a 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 SUP, 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 SUP, 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 SUP. The SUP enhances the value of the property above its value as of the date the SUP is granted and reverting to the prior zoning results in the same value of the property as if the SUP had never been granted. (C-44-24-126-X-00)

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