Vote — approved

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

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

Item Text

9. LAKE PLEASANT ASSISTED LIVING II Case #: SU240024 Supervisor District: 4 Applicant and Owner: Alin Florin Budure and Venessa Budure Request: Special Use Permit (SUP) for a community residence in the Rural-43 zoning district Site Location: Generally located at the SEC of Lake Pleasant Parkway and Calle Lejos in the Peoria area Commission Recommendation: On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1, seconded by Commissioner Whitney D3) to adopt a motion recommending the Board of Supervisors approve SU240024 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Lake Pleasant Assisted Living II,” consisting of one full-size sheet, dated May 29, 2025, and stamped received June 2, 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 “Lake Pleasant Assisted Living II”, consisting of 5 pages, dated May 20, 2025, and stamped received June 2, 2025, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Applicant shall seek approval of the Traffic impact statement and general use from the City of Peoria because Lake Pleasant Parkway and Calle Street are owned and maintained by Peoria. Inquiry about ROW dedication and use. Approvals required prior to building permit issuance. 2. The subject site is located within the County’s Urbanized Area. Storm water pollution plans shall be submitted to the County at building permit phase if disturbance is greater than 1 acre. 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. 5. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. d. This Special Use Permit is valid for a period of 15 years and shall expire on August 20, 2040, or upon termination, revocation, nonrenewal, or suspension of licensure or certification, whichever occurs first. Upon said termination, revocation, nonrenewal, or suspension of licensure or certification, the Community Residence must be closed within 60 calendar days and the operator must return residents to their families or relocate them to a safe and secure living environment. e. Prior to occupying the proposed residence or any portion thereof for any use associated with the Special Use Permit, the applicant shall obtain a Building Permit to construct the proposed residence to meet current building code requirements for Community Residence (R-4) occupancy as applicable and shall obtain a Certificate of Occupancy for the building prior to occupancy. f. Prior to the issuance of the Certificate of Occupancy, the applicant, owner, or operator shall submit a copy of the State of Arizona license to the Maricopa County Planning and Development Department, with reference to case number SU240024, prior to operation of the Community Residence. g. The owner or operator of the Community Residence shall provide the Zoning Inspector a copy of its renewed license or certification within 10 business days of the annual anniversary of being granted approval of the Special Use Permit. Failure to maintain annual documentation shall be immediate grounds to deem the Community Residence and/or its operator in violation of the Maricopa County Zoning Ordinance. h. The following SUP standard shall apply: 1. Minimum separation distance required from the nearest existing community residence, group care facility, or recovery community: 1,000’. Development and use of the subject property shall comply with all Maricopa County Zoning Ordinance requirements not otherwise modified with the SUP, as well as all Building Safety Codes and other applicable regulations. i. 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. 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. (C-44-26-018-X-00)