Vote: held

Item Text

15. CIELO BY LEGENDS (Supervisorial District: 5) Case #: SU240005 Applicant and Owner: Bianca Cano & Heather Brakefield / Vanessa G Montes Request: Special Use Permit (SUP) for event venue in the Rural-43 zoning district Site Location: Generally located 350’ SE of the SEC of 38th Ave. & Calle Poco, south of Carver Rd. in the Laveen / south Phoenix area Commission Recommendation: On 9/10/26, the Commission voted 7-0 (motion by Commissioner Rochwalik D3, seconded by Commissioner Toma D4) to adopt a motion recommending the Board of Supervisors deny SU240005. In the event the Board motions for approval of SU240005, staff suggests conditions ‘a’ – ‘n’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Cielo By Legends Special Use Permit“, consisting of 3 sheets, dated February 15, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Cielo By Legends”, consisting of 7 pages, dated February 12, 2025, and stamped, except as modified by the following conditions. c. This special use permit is valid for a period of five years and shall expire on October 21, 2031, or upon termination of the use for a period of 90 or more consecutive days, whichever occurs first. d. Events shall be limited to Friday – Sunday (and major calendar holidays), 8:00 am - 10:00 pm. e. 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 and available to the neighbors and responding officers at all times during scheduled events. f. Lighting must be fully shielded so that light is emitted downward no less directed than 20 degrees below the horizontal plane at the bottom of the light fixture, and shall not exceed 1,000 lumens as measured outside the special use permit boundary, and shall be shut off by 10:00pm nightly. g. There shall be no outdoor amplified noise. Noise shall not exceed 55 decibels as measured outside the SUP boundary. h. The following Engineering conditions shall apply: 1. For building permit issuance, the retention basin must provide 1-foot of freeboard. If a berm is used to provide freeboard, it must be a minimum of 8-feet wide and have a defined weir outfall. 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. All plans and reports should be developed and formatted to document that the project is designed to meet all County regulations, ordinances and design standards. It is incumbent upon the engineer to demonstrate compliance with all regulatory requirements and County design standards. i. Prior to occupying any building or any portion thereof for any public assembly use associated with the Special Use Permit, the applicant shall obtain a commercial construction permit meeting applicable commercial building code requirements and shall obtain a Certificate of Occupancy authorizing public assembly. j. Prior to issuance of a building permit or operation of the facility, 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. k. 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. l. 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. m. The owner shall maintain 38th Ave. from Carver Rd. to the site including dust-proofing. n. The owner shall submit construction permit/s to establish the land use and for site improvements as shown on the site plan and receive final inspection status from Planning & Development Department Inspections Division establishing the use prior to the operation of business. Violation of this condition may be grounds for revocation as set forth in the Maricopa County Zoning Ordinance. (C-44-27-030-X-00)

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