Vote — approved

Thomas Galvin	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes
Kate Brophy McGee	no

Ayes: Thomas Galvin, Mark Stewart, Debbie Lesko, Steve Gallardo Nay: Kate Brophy McGee

Item Text

17. RANCHO VIEJO Case #: Z2023100 Supervisor District: 5 Applicant & Owners: William E. Lally, Tiffany & Bosco, PA / Miguel Cazarez and Brenda Cazarez Request: Special Use Permit (SUP) Major Amendment for an outdoor event venue in the Rural-43 zoning district, and consideration of revocation of SUP #Z2019024 Site Location: Generally located 635’ east of the NEC of 169th Ave. and Pioneer St. in the Goodyear area Commission Recommendation: On 12/5/24, the Commission voted 4-1 (motion by Schlosser D4, seconded by Milhaven D2 with Hernandez D4 dissenting) to adopt a motion recommending the Board of Supervisors approve Z2023100 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Cazarez“, consisting of 1 full-size sheet, dated October 9, 2024, and stamped received 10/15/2024, 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. Within 6 months of approval, a Grading & Drainage plan addressing Engineering Plan Review requests for revisions dated November 15, 2024, with a completed commercial grading permit prior to establishing the use and hosting events. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Cazarez Small Event Venue” consisting of 5 pages, dated October 25, 2024, and stamp received October 25, 2024, except as modified by the following conditions. c. The following Planning Engineering condition(s) shall apply: 1. All landscaping and construction within right-of-way shall conform to MCDOT design standards. 2. Pioneer St. shall be improved with chip seal in front of the property extending west to 169th Ave. and north to Lower Buckeye Rd. Otherwise, a dust control plan acceptable to the Maricopa County Air Quality Department shall be allowed. 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. 4. 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. Prior to hosting any events and within six months of Board approval an updated traffic impact study or special event traffic management plan must be submitted to and approved by MCDOT. This study will determine required roadway improvements (including access to site from Lower Buckeye Road) which must be completed prior to any events. 5. Prior to hosting any events and within six months of Board approval an engineered grading and drainage plan must be submitted and approved by the Maricopa County Planning and Development Department. This plan must address Engineering comments dated November 15, 2024. The associated grading permit must be completed prior to any events. d. This Special Use Permit shall expire on January 13, 2031, or upon termination of the use for a period of 120 or more days, whichever comes first. All site improvements associated with the special use permit shall be removed within 120 days of such expiration or termination of use. There shall be a status report submitted at the 1-year anniversary of this SUP and every year following that detailing how the SUP conditions of approval are being met. e. The following SUP requirements shall apply: 1. Limited to 52 event days per year (Friday, Saturday and Sunday only). 2. Limited to a maximum of 250 guests per event. 3. Operation hours shall be from 10:00 a.m. to 10:00 p.m. (open to the public) on event days. 4. Parking lot lighting and related venue lighting shall be shut off by 11:00 p.m. and meet Maricopa County Zoning Ordinance Requirements. Venue lighting will remain on while staff breaks down the event space. 5. All amplified music will be shut off by 9:00 p.m. All speakers are aimed towards the ground and away from adjacent properties. No live music/bands other than mariachi band to play during meals. 6. Asphalt milling and/or a dust control plan acceptable to the Maricopa County Air Quality Department shall be allowed for parking spaces and internal drives. Driveway and parking areas will be surfaced per plan prior to any events. 7. A minimum 6’ (h) solid wall shall be constructed along the west, east and north property lines. This wall shall be erected and subject of a completed permit prior to any events. 8. There shall be a permanent restroom building erected and subject of a completed permit prior to any events. 9. All buildings/structures used for public assembly shall obtain and complete commercial construction permits prior to any event. f. This Special Use Permit approval does not grant any entitlement to buildings, structures, or fencing that encroaches onto adjacent properties, easements or rights-of-way. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating revocation of this Special Use Permit as set forth in the Maricopa County Zoning Ordinance. h. 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. i. 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, the property may be considered by the Board after recommendation by the Commission at a public hearing for reversion 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 with 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-44-25-061-X-00)