Vote — approved

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

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

Item Text

9. CAVE CREEK EQUINE Case #: Z2024045 Supervisor District 3 Applicant/Owner: Elyse DiMartino / Vidal Properties LLC Request: Special Use Permit (SUP) for an equine facility in the Rural 43- zoning district Site Location: Generally located at the NEC of Carefree Hwy. & 14th St. in the Desert Hills / North Phoenix area Commission Recommendation: On 7/10/25, the Commission voted 6-0 (motion by Acting Chairman Hernandez D5, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z2024045 subject to conditions ‘a’ – ‘j’ with revised conditions to c.9 and e and with the addition of ‘k’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Site Plan Cave Creek Equine Hospital“, consisting of 2 full-size sheets, dated 4/18/2025, and stamped received 4/18/2025, 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 “Cave Creek Equine Sports Medicine & Surgery Special Use Permit Amendment Narrative“, consisting of 8 full-size sheets, dated 4/16/2025, and stamped received 4/18/2025, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Drainage “C-Values” calculations must be updated with building permit submittal to correspond to Table 6.3 of the Drainage Policies. Retention basin on parcel 211-52-073E must be revised to provide 1-foot of freeboard. 2. A cross section/profile of the proposed driveway extending through the Floodway must be provided with building permit application showing no fill placed within the Floodway. 3. The Desert Hills Wash Tributary 2 SFHA is along the western boundary of the site. No fill and no buildings are allowed within the Floodway portion of this site. Buildings within the floodplain must be elevated above the Regulatory Flood Elevation. 4. Revised plans show RV spaces within the Floodplain. Conditions will be added to the building plans that requirements of the Floodplain Regulations Section 601.A.15 must be followed. Owner is responsible for documenting continued compliance with this requirement. 5. Carefree Highway is classified as a principal arterial requiring fee dedication of a 65-foot half street from the section line. a. Applicant is required to provide, at applicant’s expense, an American Land Title Association(“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. 6. 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 construction. 7. 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. 8. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits. 9. Unless a traffic impact analysis approved by MCDOT determines otherwise, a right lane turn lane, with 160’ (minimum) of storage along westbound Carefree Highway at 14th Street, is required. The turn lane shall be designed in accordance with the requirements of MCDOT Roadway Design Manual. 10. Carefree Highway is classified as a principal arterial roadway requiring a minimum of 65’ right-of-way dedication in fee along the entire site frontage. The owner shall be required to dedicate additional right-of-way needed for improvements, if required. d. The following Environmental Services Department conditions shall apply: 1. A Minor Plan Review application must be submitted for any existing septic system(s) if being utilized and if the applicant believes the existing system(s) are adequate in size to support the new use; otherwise, a new septic permit/install may be required. 2. A Notice of Intent to Discharge application for a septic system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. 3. Wastewater is not permitted to discharge to an adjacent parcel’s septic system. 4. If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. 5. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks) 6. RVs are allowed to be permanently connected to a septic system at a 100 GPD design flow. 7. A Recreational Vehicle Park Permit may be required. e. If any component of the Special Use Permit is deemed to no longer be appropriate for the site as the site conditions or surrounding land uses have changed, the Special Use Permit may be considered for modification or revocation by the Board of Supervisors with recommendation from the Planning and Zoning Commission pursuant to Article 304.3 of the Maricopa County Zoning Ordinance. f. The following Rural-43 RUPD standards shall apply: 1. Minimum setback from any property line for buildings or corrals for the keeping of animals: 2’ 2. Min. screening: 5’ solid wall & 4’6” - 3-rail fence with landscaping 3. Maximum lighting height: 25’ g. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. h. Structures encroaching closer than 5’ from all property lines shall be fire-rated. i. All outdoor lighting shall be of low intensity, fully shielded, directed downward, not trespass adjacent parcels under separate ownership, constructed no higher than 25’ and be shut-off by 11pm. j. 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 may be considered for revocation 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. k. The property owner shall not rely upon potable water supplied by the Town of Cave Creek for any of the expanded special uses including the polo field/s. (C-44-26-013-X-00)