ARIZONA OLYMPIAN GYMNASTICSCASE NUMBER: &NBSP - Z2007003 - AZ OLYMPIAN.PDF

ONE
Report to the Planning and Zoning Commission STOP
Prepared by the Maricopa County Planning and Development Department SHOP
Case: Z2007003 - Arizona Olympian Gymnastics
Meeting Date: January 15, 2009 (continued from December 4, 2008)*
Agenda Item: 2
Supervisor Districts: 1
(* indicates changes from the December 4, 2008 report)
Applicant: Beus Gilbert, PLLC
Owner: Lyle Guthrie
Request: * Special Use Permit (SUP) for the Arizona Olympian
Gymnastics Facility in the Rural-43 zoning district — with 24-
hour emergency vesting
Site Location: West of Gilbert Rd. at the Eastern Canal and north of
Brooks Farm Rd. (in the Chandler area)
Site Size: Approx. 2.38 ac.
Density: N/A
County Island Status: Class I (City of Chandler)
County Plan: * Refers to City of Chandler
Municipal Plan: * City of Chandler — Community/Regional Open Space and
Recreational Opportunities
Municipal
Comments: * The City of Chandler indicates that the use is not in concert
with their land use plan, but does not object to the request.
Support
/Opposition: * Staff has received correspondence in support/opposition to
the proposal with twenty-five (25) in support and one (1) in
opposition.
Recommendation: * Approval with stipulations
Agenda Item: 2 — Z2007003
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Project Summary:
1. The applicant applied for a 12-year Special Use Permit (SUP) to continue to run
the Arizona Olympian Gymnastic facility under the SUP category for "a
permanent facility for sites rented for private parties and activities involving large
assemblage of people". The approx. 2.4 acre site is in the Rural-43 zoning
district and is located on the west side of Gilbert Rd. where it intersects with the
Eastern Canal north of Brooks Farm Rd. in the Chandler area.
2. There are two (2) dwelling units and the 15,742 sq. ft. gymnastics building on
the property. The dwelling units do not meet current standards for setbacks,
however they were constructed prior to 1961 and qualify as legal non-
conforming structures (LNC), LU20070035.
3. * The gymnastic facility is housed in a steel building on the south end of the
property. The site plan also shows a future 4,320 sq. ft. addition. The building
does not meet setback or lot coverage requirements and approval of this SUP
would grant temporary relief from these development standards. The school
offers classes Monday-Saturday for ages pre-school through the teens. Monday
— Friday classes begin at 8:00 a.m. during the summer and at 9:00 a.m. during
the school year — the last class ends at 8:30 p.m. Saturday classes are offered
from 8:00 a.m. to 12:00 noon. There are approx. twenty (20) coaches and
three (3) support staff. At this time, the class size ranges from two (2) students
to eleven (11) students and there is a total enrollment of 500 students.
4. The facility is also available for rent for children's parties and there are approx.
two (2) of those events held monthly for typically 15 to 20 children, three (3)
parents, two (2) coaches, and one (1) support staff member.
5. Further details about the grounds, the buildings and school are available in the
narrative included as an attachment to this report.
6. Improvements to the site include creating a Public Water Supply (PWS), paved
parking, and additional landscaping.
Public Participation Summary:
7. * On January 23, 2007, the owners posted the property and mailed all property
owners within 300 feet a letter explaining their intent to operate the gymnastics
facility. They held a neighborhood meeting on February 1, 2007. Staff received
several letters of opposition from one (1) property owner primarily concerned
with commercial uses in a residential area, the intensity of use, inadequate
parking, and architecture of the building. The letters span a time frame from
March 2007 to March 2008. The owners conversed with Mr. Stark by phone;
however, the complainant offered no mitigation measures that would relieve his
Agenda Item: 2 — Z2007003
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concerns. Staff also received twenty-five (25) letters of support from parents
whose children attend the gymnastic classes. Neither the opposition or the
support live within 300 feet of the property.
Background:
8. August 26, 2005: Violation case (V200501674) was opened for operating a
commercial business without proper entitlement.
9. October 24, 2005: The owners were ordered to Cease and Desist the
commercial business until they obtain legal entitlement.
10. February 23, 2006: The owners and applicant attended a pre-application
meeting, wherein they were instructed to create a public water supply (PWS),
apply for a Legal Non-conforming status for the existing homes built in 1936 &
1948, and apply for a Special Use Permit for the gymnastic facility.
11. January 9, 2007: An application for the Special Use Permit was submitted.
12.* December 1, 2008: The owner submitted architectural drawings for an
addition to the existing gymnasium (B200807575).
13.* December 4, 2008: The Commission voted for an indefinite continuance to
allow the applicant additional time to address technical issues.
14.* December 5, 2008: The owner and applicant met with staff to discuss
outstanding issues, their remedy, and the path forward. The owner agreed to
cease operation of the gymnasium by the end of day on Saturday, December 6,
2008. Staff agreed to expedite building permit reviews and schedule the SUP for
the January 15, 2009 Commission hearing and January 28, 2009 BOS hearing.
Staff received confirmation on December 8, 2008 that the gymnasium was
closed.
15.* December 10, 2008: Staff met with the owner, applicant, and their Engineer
and Architect to discuss review comments that were given to the applicant on
December 9, 2008. To date, the applicant has not resubmitted revised plans
addressing outstanding building permit comments.
16.* December 191 2008: The applicant submitted copies of the SUP site plan for
the Commissioners to review at the January 15, 2009 hearing. The submittal
was slightly different from the site plan reviewed for the December 4, 2008
Commission hearing and, therefore, incomplete for a technical review. However
copies of the site plans were routed to other County departments and agencies
with the hope that the plan might resolve some concerns by the January 15,
2009 Commission hearing.
Agenda Item: 2 — Z2007003
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17.* December 22, 2008: Staff received a letter from the applicant requesting 24-
Hour Emergency Vesting.
Existing On-Site and Adjacent Zoning and Land Use:
18. On-site Rural-43 / single family residence & gymnastic facility (V200501674)
North: City of Chandler / agricultural land
South: Rural-43 / vacant desert
East: Arterial (Gilbert Rd.), then Rural-43 / Gilbert Rd, then
agricultural
West: City of Chandler / Eastern Canal
[Aerial photo shown below and zoning map on the next page.]
Agenda Item: 2 — Z2007003
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Adopted Plans:
19. Maricopa County "Eye to the Future 2020" Comprehensive Plan: The
Comprehensive Plan refers to the City of Chandler's General Plan.
20. City of Chandler General Plan: The site is in the City of Chandler's General
Plan Development Area (GPDA) and within the City's Southeast Chandler Area
Plan. In an email July 24, 2007, the City advised staff that the use would not be
in conformance with their Plan which prescribes "community/regional open
space and recreational opportunities" at this location.
Utilities and Services:
21. Water: On-site well proposed as a Public Water Supply registered
under PWS#04-7909
Wastewater: On-site septic system
School District: Chandler Unified School District
Fire: City of Chandler Fire Department/Chandler county Island
Fire District
Outstanding Concerns from Reviewing Agencies:
22. *The most recently submitted SUP site plan of December 19, 2008 has not been
fully reviewed or signed off on by County agencies.
* Staff Analysis:
23. The applicant applied for a Special Use Permit (SUP) to continue to run the
Arizona Olympian Gymnastic facility. The approx. 2.4 acre site is in the Rural-43
Agenda Item: 2 — Z2007003
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zoning district and is located on the west side of Gilbert Rd. where it intersects
with the Eastern Canal north of Brooks Farm Rd. in the Chandler area.
According to the applicant's narrative, the facility has been in operation since
2000. In 2005, the owner was cited (V200501674) for operating a commercial
business without proper entitlement and ordered to Cease and Desist
operations.
24. The biggest concern of staff was operation of the facility due to the fact that the
gymnasium was never permitted for commercial occupancy. In fact, the
building was permitted as a Storage Shed so it was not reviewed to fire and
life safety standards required for a gymnasium or assembly use. As of
December 8, 2008, the gymnasium was closed and the owner has been
pursuing concurrent approval of their building permit for commercial
occupancy. Staff has concerns that the building will not be able to obtain a
building permit due to several outstanding issues such as location of the septic
system and water supply needed for the fire sprinkler system. The applicant
has assured staff that these issues will be resolved and therefore, staff is able
to move forward with the entitlement request with a stipulation that the SUP
may be revoked if a building permit is not obtainable. The first Status Report
at one (1) year will trigger this review. In the meantime, the facility will be
closed.
25. With regard to the SUP request, there are a few issues to address regarding
parking and traffic congestion, ROW encroachment, development standard
waivers, outstanding county reviews, land use compatibility, and the City of
Chandler's comments.
26. Parking has been cited as an issue from opposition and staff observance of the
site. The fact is there has been parking offsite on the property to the south and
on the street along Gilbert Rd. This proposal is meant to alleviate this parking
issue. The parking has been estimated by the applicant at the same rate for a
school (1 space per 400 sq. ft.) which would require 40 spaces plus the future
expansion would require an additional 10 spaces. The school has provided 50
spaces. However, the MCZO also requires 1 space per 200 sq. ft. for other
public assembly uses. Required parking for SUPs typically relies on demand
projections from the applicant and is site specific to the permit. Nevertheless,
staff can offer a mitigation measure in that if at the one (1) year Status
Report, there are any complaints or observance of inadequate (on-street or
off-site) parking then the site plan will have to be modified for the addition of
more parking spaces. The site has adequate area to add some additional
parking spaces, but this will require an amendment to the SUP site plan.
27. The frontage wall does encroach into the right-of-way. The time frame for the
SUP is through the year 2020 based in part on a recommendation by MCDOT
stating that Gilbert Rd. is planned to be widened in the Regional Transportation
Agenda Item: 2 — Z2007003
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Plan (RTP) Phase 4 (2021-2026). The existing block wall is located approx. 40
feet west of the Gilbert Rd monument line. MCDOT will allow the wall to remain
in the right-of-way. However, if and when the wall needs to be removed or
relocated it shall be at the property owner's responsibility and cost. This
relocation will also require an amendment to the SUP site plan.
28. According to County Records, building permit 1999036869-00 was issued on
9/17/1999 to Lyle Guthrie for a 50' x 200' Engineered Metal Storage Shed.
The building permit indicated that the building would meet the side and rear
setback requirements but would only setback 25' from the front property line.
The building shown on the plan does not agree with the permit in either size
or location. The gymnasium encroaches into front, side and rear yard
required setbacks which in the Rural-43 zoning district are 40' for front and
rear, 30' for interior side, and 20' for street side. This SUP would grant relief
from those setbacks in addition to lot coverage to 26.2% from 15%. Upon
termination of the SUP, the owners would have to apply for variances if they
choose to keep the building on site for an allowable use. Staff would also
point out that this SUP is granting relief from the 25' sight visibility triangle
(SVT) requirements in that the entrance walls are clearly located within that
triangle.
29. The revised site plan dated received December 19, 2008 and submitted with this
staff report no longer shows a new 6' (h) CMU wall along the south property
line. Since the narrative report has not been revised requesting relief from this
requirement, staff assumes this was an unintended omission and will stipulate to
a revised site plan upon approval by the BOS. Staff will also require the
applicant to re-label the 12' (w) "Emergency Access" on the north and south
sides of the building to read "Service Road" so as not to be confused with the
20' (w) fire lane requirement of the circular driveway. Staff would also point
out Drainage has not had an opportunity to review the Drainage Report and
verify the effectiveness of the proposed stormwater management — therefore
those features on the site plan are subject to change and amendment of the
SUP. Additionally, because the most recent site plan has not been reviewed
for compliance with building and drainage code requirements, staff anticipates
that changes to the SUP site plan will be required. It is likely that these
changes will require an amendment to the SUP site plan. Staff gave building
permit comments to the applicant on December 9, 2008, but has not received
a resubmittal as of the writing of this report.
30. Staff received a brief email from a City of Chandler planner, dated July 24, 2007
that indicates that "the use would not be in conformance with the Southeast
Chandler Area Plan, which prescribes community/regional open space and
recreational opportunities at this location." Otherwise, the City did not offer
outright objection or opposition for the request. The site is located within a
Class I County Island and is part of the City of Chandler's General Plan
Agenda Item: 2 — Z2007003
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Development Area (GPDA). The Comprehensive Plan indicates that a GPDA is
an unincorporated area that is likely to be annexed by a city or town in the
future and is included in an adopted municipal general plan. The adopted BOS
Policy for County Islands, states the Commission and Board will attempt to
adhere to the adopted land use plans and action of the local government
body. Further, to ensure positive cooperation between the County and local
municipality, the Commission and Board will give full consideration to the
recommendation of the local municipality and full justification must be offered
for variations from the municipal recommendation.
31. Staff has been consistent in deferring to a Cities' recommendation when a site
is clearly in a County Island. In this instance, however, the City has not
recommended denial of the request and staff believes that there is adequate
justification for a variation from the City's interpretation of their plan's land
use designation. Although the use cannot be considered open space, it is
clearly a type of recreational opportunity and as an interim land use, staff
does not see a direct compatibility conflict with surrounding land uses for the
foreseeable future. The site itself is an odd triangular shape bordered by the
adjacent Eastern Canal and Gilbert Rd. and since it is zoned Rural-43,
allowable permanent uses could be one single family dwelling unit per acre, a
church, a farm, or a public school, for example, all of which are arguably not
in concert with the City's plan. Further, State Statute dictates the "open
space" land use designation allow residential densities of up to one dwelling
per acre. The site is surrounded by the City, does benefit from it's Fire service,
and is expected to annex someday; however, the owner nor city have yet to
initiate annexation and the site is currently serviced by a well and septic system.
The site is more appropriate for the proposed gymnasium than the allowable
single-family residences.
32. Notwithstanding, staff's recommendation of approval, there are still many
items that must occur prior to the re-opening of this facility. Staff has agreed
to work with the applicant and has indeed expedited reviews and scheduling
of hearings. However, prior to building permit issuance, the applicant must
obtain right-of-way permits, a "will serve" letter from Chandler Fire
Department, a Floodplain Use Permit, and even a possible amendment to the
SUP site plan, if approved. Staff has stipulated that the facility remain closed
until the Certificate of Occupancy has been issued and ultimately will
recommend the entitlement be revoked if the building permit cannot be
obtained.
* Recommendation:
33. Staff recommends the Commission motion for approval of Z2007003 subject
to stipulations "a" — "z" for the following reasons:
Agenda Item: 2 — Z2007003
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• The Arizona Olympian Gymnasium is compatible with surrounding land uses
as an interim land use and recreational opportunity.
• Reviewing County agencies have no objections that are not otherwise
addressed via stipulations.
a. Development of the site shall comply with the Site Plan entitled
"Arizona Olympian Gymnastics", consisting of one (1) full-size sheet
and one (1) attachment 8 1/2 x 11 of the 6' (h) screen wall elevation,
dated December 2008, and stamped received December 19, 2008
except as modified by the following stipulations. Within thirty (30) days
of Board of Supervisor's approval, a revised site plan shall be submitted
re-labeling the 12' (w) Emergency Access on the north and south sides
of the building to read "Service Road", the 6' (h) CMU wall along the
south property will be redrawn and labeled as such, and the 4' (h)
block wall on the east end of the landscaped parking island shall be
shown and labeled.
b. Development of the site shall be in conformance with the bound
Narrative Report entitled "Special Use Permit for Arizona Olympian
Gymnastics, LLC", consisting of thirty-seven (37) pages, including
exhibits A through G, dated revised October 21, 2008, and stamped
received May 23, 2008, except as modified by the following
stipulations.
c. Development of the site shall comply with the Landscape Plan entitled
"Arizona Olympian Gymnastics Proposed Landscape Plan", consisting of
one (1) full-size sheet, dated August 2007, and stamped received
October 22, 2008, except as modified by the following stipulations.
Within thirty (30) days of Board of Supervisor's approval, the
Landscape Plan will be modified to show a 4' (h) block wall on the east
end of the landscaped parking island.
d. All trees shall be double-staked when installed.
e. Prior to issuance of any building permits, the applicant/property owner
shall obtain the necessary encroachment permits from the Maricopa
County Department of Transportation (MCDOT) for landscaping or
other improvements in the right-of-way.
f. All transformers, back-flow prevention devices, utility boxes and all
other utility related ground mounted equipment shall be painted to
complement the development and shall be screened with landscape
material where possible. All HVAC units shall be ground-mounted or
screened with a continuous parapet for commercial projects.
Agenda Item: 2 — Z2007003
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g . The owners shall comply with the following Maricopa County
Department of Transportation (MCDOT) recommendations:
1) Provide a total half-width of 45 feet of right-of-way on Gilbert Road.
2) Defer bonding for ultimate half-width improvements on Gilbert
Road. MCDOT will review the need for bonding on an annual basis
and may request the bonding if/when deemed necessary.
3) All parking spaces to be treated with gravel or asphalt millings.
4) All driveways in county right-of-way must be paved
5) Recommend limiting time frame for this SUP not to exceed 2020.
Gilbert Road is planned to be widened in the RTP in Phase 4 (2021-
2026).
6) The existing or new block wall located at approximately 40 feet west
of the Gilbert Road monument line may remain. However, if/when
the wall needs to be removed or relocated; it shall be the property
owner's responsibility and cost to remove/relocate the wall.
Relocation of the wall will require an amendment to the Special Use
Permit per Maricopa County Zoning Ordinance.
h. Within ninety (90) days of Board of Supervisor's approval, the owner
shall provide a certification to MCDOT verifying the safety of the
existing wall constructed in the right-of-way. All costs incurred for the
3 party inspection shall be the responsibility of the owner.
All outdoor lighting shall conform to the Maricopa County Zoning
Ordinance.
All development and engineering design shall be in conformance with
the Drainage Regulation and current engineering policies, standards
and best practices at the time of application for construction.
k. Development and use of the site shall comply with requirements for fire
protection measures as deemed necessary by the applicable fire
department. Prior to issuance of any building permits, the applicant shall
seek review and comment from the applicable fire protection agency, and
shall provide written confirmation that the site will be developed in
accordance with their requirements.
Prior to issuance of any building permits, developer(s) and/or builder(s)
shall establish emergency fire protection services, covering all real
property contained within the project area during course of
construction and shall obtain a 'will serve' letter substantiating coverage
from the appropriate Fire Department servicing the site.
m. Prior to issuance of any building permits, a Floodplain Use Permit must
be obtained from the Floodplain Management and Services Division of
Agenda Item: 2 — Z2007003
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the Flood Control District (FCD) or as otherwise deemed necessary by
the FCD.
n. Development of this site shall comply with the requirements of the
Office of State Fire Marshall.
o. This Special Use Permit shall expire December 31, 2020. Upon
termination of the use, the owners shall apply for variances for
setbacks and lot coverage for the existing building to be maintained as
storage shed as well as for relief from sight visibility triangle
requirements as may be necessary. Should any road widening occur
prior to 2020, the applicant shall, at his cost, remove any structures
encroaching within the ultimate r/w and sight visibility triangle.
p. The applicant shall submit a written report outlining the status of the
development at the end of one (1) year and five (5) years from the
date of approval by the Board of Supervisors. The Status Report shall
be reviewed by staff to determine whether the Special Use Permit
remains in compliance with the approved stipulations. The applicant
shall address adequacy of parking with each Status Report and shall
apply for any necessary amendments. If a building permit and
Certificate of Occupancy has not been issued for the gymnasium by the
first status report, staff shall schedule the case for review by the
Commission for consideration of SUP revocation.
q. The school shall close until the property owner finals a Building Permit
to retrofit the existing building to meet current commercial building
code requirements as applicable and obtains a Certificate of Occupancy
for the retrofitted building.
r. No off-site or on-street parking shall be allowed.
s. The south service road shall be posted "Entrance Only".
Signage shall be limited to two (2) on-site signs — no further advertising
is permitted outside of the fence or off-site of property and adjacent
fight-of-way.
u. No vehicles are permitted to park or stand (idle) along Gilbert Road
adjacent to the site.
v. The site shall operate in a manner that is compliant with Maricopa
County Air Quality Department regulations regarding fugitive dust
control.
Agenda Item: 2 — Z2007003
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w. Amendments to the site plan and narrative report shall be processed as
a revised application in accordance with Maricopa County Zoning
Ordinance Article 304.9.
x. Noncompliance with the conditions of approval will be treated as a
violation in accordance with the Maricopa County Zoning Ordinance.
Further, noncompliance of the conditions of approval may be grounds
for the Planning and Zoning Commission to take action in accordance
with Chapter 3 (Conditional Zoning).
y. Non-compliance with the regulations administered by the Maricopa
County Environmental Services Department, Maricopa County
Department of Transportation, Drainage Review Division, Planning and
Development Department, or the Flood Control District of Maricopa
County may be grounds for initiating a revocation of this Special Use
Permit as set forth in the Maricopa County Zoning Ordinance.
z. The property owners and their successors waive claim for diminution in
value if the County takes action to rescind approval due to
noncompliance with stipulations.
Planners: Patty Zaricor, AICP, Planner, and
Terri S. Hogan, AICP, Principal Planner
Reviewed by: Darren V. Gerard, AICP, Deputy Director
Attachments: Case Map (1 page)
Vicinity Map (1 page)
Site Plan (reduced 8.5"x11", 1 page)*
Landscape Plan (reduced 8.5" x 11", 1 page)*
Narrative Report (with exhibits "e" and "f" only) (16 pages)
15t Routing Memos (2 pages)
MCDOT comments (1 page)
MCESD comments (1 page)
DPR comments (1 page)
FCD comments (1 page)
City of Chandler comments (email) (4 pages)
State Fire Marshal comments email (1 page)
SHP° comments, letter (1 page)
RWCD comments (email, 1 page)
Letter of opposition (5 pages)
Letters of support (27 pages)
Letter of request from the applicant (1 page)
Enclosure: Site plan (reduced 11"x 17", 1 page)*
[*Full-size plans are available upon request.]
Agenda Item: 2 — Z2007003
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