Vote — approved

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

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

Item Text

19. LEGACY RECOVERY CENTER Case #: SU240002 Supervisor District: 1 Applicant & Owners: Heather Dukes, Dukes Law PLLC / Ehab Abdallah and Ronald Segal Request: Special Use Permit (SUP) for group care facility in the Rural-43 zoning district Site Location: Generally located 1,475’ north of the northeast corner of Riggs Rd. and Lindsay Rd. in the Chandler area Commission Recommendation: On 9/26/24, the Commission voted 7-0, to adopt a motion recommending the Board of Supervisors approve SU240002 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Legacy Recovery Center T.I.“, consisting of 2 full-size sheets, dated August 26, 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 “Legacy Recovery Center” consisting of seven pages, dated August 26, 2024 except as modified by the following conditions. c. This special use permit is valid for a period of 20 years and shall expire on October 23, 2044, 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. d. The following Rural-43 SUP standards will apply: i. Required parking: 1. 12 total spaces with one ADA space. e. The following PND Engineering conditions will apply: i. 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. ii. The project does not appear to include any new development/disturbance. PND Drainage Plan Review has no comments. iii. If there will be any improvements, Detailed Site Infrastructure Plans must be submitted with the application for Building Permits. 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 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. h. 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-44-25-031-X-00)

Attachments (1)