Vote — approved

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

8.HAPPY APPLE ACTIVITY CENTER Case #: Z2024053 Supervisor District: 4 Applicant & Owner: Ron and Lindy Short / Short Family Living Trust Request: Modification of Conditions (Conditions ‘m’ and ‘n’ of Z2008120) to a previously approved Special Use Permit (SUP) for a child daycare facility in the Rural-43 zoning district Site Location: Generally located 140’ west and 340’ north of the NWC of 89th Ave. and Deer Valley Rd. in the Peoria area Commission Recommendation: On 7/25/24, the Commission vote

Item Text

8. HAPPY APPLE ACTIVITY CENTER Case #: Z2024053 Supervisor District: 4 Applicant & Owner: Ron and Lindy Short / Short Family Living Trust Request: Modification of Conditions (Conditions ‘m’ and ‘n’ of Z2008120) to a previously approved Special Use Permit (SUP) for a child daycare facility in the Rural-43 zoning district Site Location: Generally located 140’ west and 340’ north of the NWC of 89th Ave. and Deer Valley Rd. in the Peoria area Commission Recommendation: On 7/25/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2024053 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Happy Apple activity Center“, consisting of one full-size sheet, stamped received April, 24, 2024 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 “Happy Apple Activity Center”, consisting of six pages, dated April 2024, and stamped received April 24, 2024, except as modified by the following conditions. c. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted. d. The SUP shall expire in 15 years on August 21, 2039. e. Compliance with the following Planning and Development Engineering stipulations: 1. Any new site improvements will require a plan of development and traffic impact study. The plan of development submittal would require a grading and drainage plan to show conformance to the county drainage regulations. 2. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the county for further review and/or entitlement. 3. 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. f. Noncompliance with any of the conditions assigned to the approval of this Special Use Permit by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. 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 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-44-25-009-X-00)

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