Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

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

Item Text

8. THE FAIRVIEW Case #: Z2021169 Supervisor District: 1 Applicant & Owner: Lauri Torgeson / LMC Trust I Request: Special Use Permit (SUP) for a Special Events Venue in the Rural-43 zoning district Site Location: Generally located at the NEC of Higley Rd. and Fairview St. in the Gilbert area Commission Recommendation: On 1/23/25, the Commission voted 4-0 (motion by Vice-Chairman Lindblom D1, seconded by Commissioner Montoya D5) to adopt a motion recommending the Board of Supervisors approve Z2021169 subject to conditions ‘a’ – ‘o’: a. Development of the site shall be in substantial conformance with the site plan entitled “16732 E Fairview St“, consisting of 1 sheet, stamped received June 17, 2024 except as modified by the following conditions and that a except that a revised site plan shall be submitted within 60 days of Board approval that addresses all remaining MCDOT concerns. 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 “The Fairview”, consisting of 3 pages, dated October 22, 2024, and stamped received October 23, 2024, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. For building permit issuance, a C-value per DPSM Table 6.3 for commercial must be used to size the retention volume required. 2. For building permit issuance, plans must clearly identify the bottom of basin and water surface elevation along with retention required and provided. 3. For building permit issuance, plans must clearly show how runoff is directed to retention basins, and historic inflow/outflow from the lot are maintained. 4. For building permit issuance, retention basins must provide 1-foot of freeboard to the finished floor elevation. 5. Plans submitted for building permits must include on the grading and drainage plan the statement that the retention basin(s) will drain within the required 36 hours, (MCZO 1205.7.6.3). 6. Plans must provide a callout stating that the east driveway gate shall remain locked for any events. 7. For Building Permit issuance, paved entrances off Fairview Road and MCDOT driveway permits will be required with the application for Building Permits or as agreed to in an approved TIS. Plans submitted for building permit must show these paved/concrete entrances. 8. Prior to issuance of building permits, receive approval in the form of a Roadway Design Manual Design Exception for the sight visibility triangle. The traffic report/design exception should include the most recent 5-year crash history at the Higley Rd. and Fairview St. intersection (and existing driveways) to document any safety concerns at the location. The exception request should also state if the first driveway will be locked and will not be used by the property owner thus alleviating safety issues. 9. Prior to issuance of building permit , a modified traffic study shall be submitted to and approved by both MCDOT and the Town of Gilbert. The study shall include the following: a. Show 30 required spaces inclusive of 2 ADA spaces; b. State “Vehicles shall not park on Fairview St.”; c. State that the semi-circular driveway connecting to Fairview shall not be used for event traffic circulation and that entry will be barred to that access by a locked gate; d. State that event traffic will turn right to enter and left to exit the property; and, e. State that there will be directional signs directing event attendees to turn right in to enter the venue and left out to exit onto Fairview. 10. 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. 11. 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. 12. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. d. The following SUP standards shall apply: 1. Min. Screening – Adjacent to rural or residential zoning districts automobile parking shall be screened from view. A solid masonry wall, six feet in height, is required adjacent to side property lines abutting any rural or residential zoning district. View-obscuring screening of 80% or more, six feet in height shall be required along the rear property line. 2. Min. Parking - Minimum of thirty (30) parking spaces required including two (2) ADA spaces 3. Sight Visibility Triangles – Five (5) required sight visibility triangles waived at entrance and exit points and intersection corner 4. Pavement - Rolled and compacted decomposed granite permitted for internal driveways and parking spaces with a dust control permit approved by Maricopa County Air Quality Control. Driveway aprons shall be paved in accordance with MCDOT standards. 5. Landscaping – The 5’ landscape strip required to screen parking shall be waived. e. There shall be no more than fifteen (15) commercial events held annually. f. Events may be held from Friday through Sunday from 8:00 a.m. to 10:00 p.m. Events shall not be held Monday through Thursday. g. Amplified music is permitted between the hours of 12:00 p.m. and 10:00 p.m. during events only. h. A traffic director shall direct traffic on-site and off-site an hour prior to an event and for an hour post event. i. All outdoor lighting shall be directed downward and shielded in accordance with Section 1112 of the Maricopa County Zoning Ordinance. j. A fair disclosure agreement and covenant, which would include the following disclosure, should be recorded as a condition of development approval: “This property, due to its proximity to Phoenix-Mesa Gateway Airport, will experience aircraft overflights, which are expected to generate noise levels that may be of concern to some individuals. The mix of aviation activities and types of aircraft expected to be located and operate at the Airport now and in the future include: scheduled and unscheduled commercial charters, commercial air carriers and commercial air cargo operations, all of which are expected to use large commercial aircraft; general aviation activity using corporate and executive jets, helicopters, and propeller aircraft; aviation flight training schools using training aircraft; and military activity using high performance military jets. The size of aircraft and frequency of use of such aircraft may change over time depending on market and technology changes. k. The SUP is valid for a period of 5 years and shall expire 5 years from the date of BOS approval. The SUP timeframe may be extended with an application for a Modification of Conditions. l. 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 commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy. m. 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. n. 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. o. 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-44-25-080-X-00)

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