Vote: adopted

Item Text

6. MI HACIENDA (Supervisorial District: 5) Case #: Z2022077 Applicant and Owner: K Heather Brakefield / Michael Herdez Request: Special Use Permit (SUP) for outdoor event venue in the Rural-43 zoning district Site Location: Generally located approx. 274’ south of the SWC of Baseline Rd. and Old 27th Ave. in the Laveen area Commission Recommendation: On 6/11/26, the Commission voted 6-0 (motion by Commissioner Leighton, D4, seconded by Chair Milhaven D2) to adopt a motion recommending the Board of Supervisors approve Z2022077 subject to conditions ‘a’ –‘m’. a. Development of the site shall be in substantial conformance with the Site Plan entitled “Herdez – Special Use Permit”, consisting of two full-size sheets, dated April 13, 2026, and stamped received May 13, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Narrative Report – Herdez – SUP Case #2022077”, consisting of 7 pages, dated April 13, 2026, and stamped received May 13, 2026, except as modified by the following conditions. c. The following event venue SUP conditions shall apply: 1. Operational Hours: Friday and Saturday from 5 pm to 10 pm (10 pm venue shutdown and lights turned off), Sunday 5 pm to 9 pm (9 pm venue shutdown and lights turned off) 2. Attendance on-site is limited to a maximum of 100 persons total at any given time during events. 3. Parking lot lighting and related venue lighting shall meet Maricopa County Zoning Ordinance requirements. 4. Adjacent to any rural or residential zone parking areas shall be screened from view. 5. All event parking and attendees must park on site. 6. All driveways and parking areas shall be paved or surfaced with pavement, gravel or other surfacing material acceptable to the Maricopa County Air Quality and Planning and & Development Departments. 7. There shall be no amplified noise that exceeds 55 decibels as measured outside boundary of the parent parcels. 8. At least one (1) employee must be on site at all times during scheduled events. The name and telephone number of the employee must be posted and identified at the entrance to the site at all times during scheduled events. d. This special use permit is valid for a period of five years and shall expire on July 15, 2031, 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. e. The following engineering conditions shall apply: 1. Retention basin(s) must drain within 36 hours. 2. 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. 3. 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. 4. Detailed Grading and Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. 5. 27th Avenue is within the jurisdiction of the City of Phoenix. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 6. The subject premises is located within the County’s Urbanized Area. If disturbance of more than one (1) acre will occur, a Storm Water Pollution Prevention Permit (SWPP), issued by the County (PND) will be required prior to issuance of any building permits required for site development. f. The following City of Phoenix conditions of approval shall apply: 1. Outdoor display or sales of merchandise be prohibited 2. All temporary uses will be required to occur on a dustproof site. 3. The use shall only be operated between 8 a.m. and 10 p.m. 4. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. All outdoor light fixtures shall be fully shielded. 5. No noise, odor or vibrations shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the site. Such comparisons shall be made at the boundary of the site. 6. All buildings and operations including parking areas that are used as part of the Special Use Permit area shall maintain a minimum a 10-foot landscape setback along lot lines and a 25-foot landscape setback along streets. g. 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 associated structures (including restrooms) to meet current commercial building code requirements as applicable and shall obtain a Certificate of Occupancy for the retrofitted building prior to occupancy. h. Amplified noise must conform to Maricopa County Noise Ordinance (P-23) that was adopted February 15, 2006 and is regulated by the MCSO. Section IV Noise; and further there shall be no amplified noise that can be heard from within closed residential structures within 500’ of the boundary of the subject property. With regard to the SUP there shall also be no noise that can be heard from within closed residential structures greater than 500’ from the boundary of the subject property. i. 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. j. Alcohol is not permitted to be sold on site unless a Special Event Liquor License is obtained through the Clerk of the Board. k. There shall be no overnight camping. l. 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. m. 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-44-27-012-X-00)

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