Extracted text (via pymupdf)
22743 characters
August 21, 2024 Z2024053 Page 1 of 2 Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: August 21, 2024 Case #/Title: Z2024053 - Happy Apple Activity Center Supervisor District: 4 Applicants/Owner: Ron and Lindy Short / Short Family Living Trust Request: Modification of Conditions (Conditions “m” and n” of Z2008120) to a previously approved Special Use Permit (SUP) for a child daycare facility in the Rural-43 zoning district Site Location: Generally located about 140’ west and 340’ north of the NWC of 89th Ave. and Deer Valley Rd. in the Peoria area Site Size: Approximately 1 acre County Island Status: Yes (Peoria) Additional Comments: The proposed modification of conditions is to extend SUP 2008120 for an additional 15 years. No additional updates or changes are proposed, and no new structures will be added to the site. Staff received comment from City of Peoria staff stating no concern with the proposal. There was no public comment submitted on the case. There are no outstanding concerns from reviewing agencies. Commission Recommendation: On 7/25/24, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2024053 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Happy Apple activity Center“, consisting of one full-size sheet, stamped received April, 24, 2024 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 “Happy Apple Activity Center”, consisting of six pages, dated April 2024, and stamped received April 24, 2024, except as modified by the following conditions. August 21, 2024 Z2024053 Page 2 of 2 c. 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. d. The SUP shall expire in 15 years on August 21, 2039. e. Compliance with the following Planning and Development Engineering stipulations: 1. Any new site improvements will require a plan of development and traffic impact study. The plan of development submittal would require a grading and drainage plan to show conformance to the county drainage regulations. 2. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the county for further review and/or entitlement. 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. f. 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. g. 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 shall revert 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. Presented by: Joseph Mueller, Planner Reviewed by: Darren Gérard, AICP, Planning Manager Attachment: 7/25/24 P&Z Packet (19 pages) Note: 7/25/24 Draft P&Z Minutes are not available as of the writing of this report, but can be provided upon request later when available. Z2024053 Page 1 of 6 Report to the Planning and Zoning Commission Prepared by the Maricopa County Planning and Development Department Case: Z2024053 - Happy Apple Activity Center Hearing Date: July 25, 2024 Supervisor District: 4 Applicants: Ron and Lindy Short Owner: Short Family Living Trust Request: Modification of Conditions (Conditions “m” and n” of Z2008120) to a previously approved Special Use Permit (SUP) for a child daycare facility n the Rural-43 zoning district Site Location: Generally located about 140’ west and 340’ north of the NWC of 89th Ave. and Deer Valley Rd. in the Peoria area Site Size: Approximately 1 acre Density: N/A County Island: Yes (Peoria) County Plan: Rural Development Area (0-1 d.u./ac) Municipal Plan: City of Peoria – Rural Residential Municipal Comments: City of Peoria – no concerns Support/Opposition: None known Recommendation: Approve with conditions Z2024053 Page 2 of 6 Project Summary: 1. The Happy Apple Activity Center is an early childhood activity center that provides social opportunities and preparation for kindergarten for children between three and five years old. The facility has one teacher per ten students on site, typically with two or three employees on site at a time. The site is accessed via 89th Dr., a private easement from Deer Valley Rd. and provides six on-site parking stalls. The activity center is housed in a lawfully permitted structure separate from the property owner’s residence. The activity center received initial entitlement via special use permit Z2008120 which was approved by the Board of Supervisors on January 12, 2010. The applicant has reported successful operation since initial entitlement and is now seeking a modification of conditions to extend the SUP for an additional 15 years, as the SUP is set to expire on January 12, 2025. The applicant is not proposing any changes to the site or current operations. In addition to the time extension, the applicant is also requesting the removal of stipulation “n”, which required a status report within two years of initial approval, with which the applicant complied (Z2011118 administratively accepted December 22, 2011). There has not been any recent activity with the SUP. 2024 Aerial Z2024053 Page 3 of 6 Zoning Map Existing On-Site and Adjacent Zoning / Land Use: 2. On-site: Rural – 43 SUP (Z20081020) / Activity center North: Rural – 43 / Single-family residential South: Rural – 43 / Church East: Rural – 43 / Church West: Rural – 43 / Single-family residential Utilities and Services: 3. Water: Rose Valley Water Wastewater: On site septic School District: Peoria Unified School District Fire: Rural Metro Police: Maricopa County Sherif’s Department Z2024053 Page 4 of 6 Right-of-Way: 4. The following table includes existing and proposed half-width right-of-way and the future classification based upon the Maricopa County Department of Transportation (MCDOT) Major Streets and Routes Plan. Street Name Half-width Existing R/W Half-width Proposed R/W Future Classification Deer Valley Rd 55’ 65’ Principal Arterial Adopted Plan: 5. Plan Peoria AZ 2040 General Plan (adopted November 2020): Calls for large lot residential development with a semi-rural/agricultural character. This land use designation is largely used to preserve early informal rural/suburban developments in the Peoria area. Public Participation Summary: 6. The applicant complied with minimum public participation requirements by posting the site in two locations and sent mailers to property owners within 300’ of the subject site along with those registered as an area of interest. The applicant communicated with staff during this process providing ample updates of the neighborhood outreach process. Additionally, the applicant spoke in person with six nearby neighbors. The applicant reported that all of the neighbors spoken to in person were generally positive about the proposal and they received no responses from the mailers. Staff has not received any public comment. 7. The City of Peoria responded after secondary routing stating they had no concerns over the proposal. Outstanding Concerns from Reviewing Agencies: 8. N/A Staff Analysis: 9. The early childhood activity center has been operating without issue since 2010. The center seems compatible with the surrounding uses as the properties to the east and the south both hold church campuses and likely host similar uses as the activity center. The center does share an access drive with two residential properties, however since neither property owner reached out to staff, and there is no history of complaints, it is assumed no issues are present between these residences and the activity center. The applicant did not indicate whether or not these two residences were among the six property owners engaged in conversation about the SUP extension. Staff has no concerns extending the SUP an additional 15 years. 10. The applicant has also requested the abolition of condition “n”, which required a status report within two years of approval of Z2008120. This condition was satisfied with the approval of a status report (Z2011118) in 2011 and is no longer necessary. Since the site has been operating successfully for over a decade without complaint, staff has no concern over deleting status report requirement. 11. Staff’s recommendation includes a new set of SUP conditions to supersede those of the previous SUP approval. Z2024053 Page 5 of 6 Recommendation: 12. Staff recommends the Commission adopt a motion recommending that the Board of Supervisors approve Z2024053 subject to the following conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Happy Apple activity Center“, consisting of one full-size sheet, stamped received April, 24, 2024 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 “Happy Apple Activity Center”, consisting of six pages, dated April 2024, and stamped received April 24, 2024, except as modified by the following conditions. c. 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. d. The SUP shall expire in 15 years on August 21, 2039. e. Compliance with the following Planning and Development Engineering stipulations: 1. Any new site improvements will require a plan of development and traffic impact study. The plan of development submittal would require a grading and drainage plan to show conformance to the county drainage regulations. 2. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the county for further review and/or entitlement. 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. f. 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. g. 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 Z2024053 Page 6 of 6 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 shall revert 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. Presented by: Joseph Mueller, Planner Reviewed by: Matthew Holm, AICP, Planning Supervisor Attachments: Case Map (1 page) Site Plan (reduced 8.5”x11”, 1 pages) Narrative Report (6 pages) DPR comments (3 pages) City of Peoria Response (2 pages) / Maricopa County Planning & Development - Phoenix, AZ 4 Gross Acres: 1 approx. Generated July 16, 2024 3:51 PM Z2024053 Application Name: Legal Description Happy Apple Activity Center Applicant Case Address 4N 1E 15 Ron Short 21919 N 89th DR Applicant Phone/Email Parcel Primary:200-08-027C 6236950797 borntobuild59@gmail.com Peoria, AZ 85383 Map scale 1:669 Supervisor District No. Happy Apple Activity Center Doug Jones, P.E., CFM Planning & Development 301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 Phone: (602) 372-0790 www.maricopa.gov/planning Email address: Doug.Jones@maricopa.gov Planning & Development Engineering Plan Review Date: June 09, 2024 Memo To: Darren Gerard, AICP, Planning Manager, Department of Planning & Development Attn: Joseph Mueller, Planner, Planning & Development Services cc: Bob Fedorka, PE, Engineering Manager, Planning & Development From: Doug Jones, PE, CFM, Engineering Supervisor, Planning & Development Subject: Z2024053 – Happy Apple Activity Center Modification of Condition, Extension of Special Use Permit APN(s): 200-08-027C Engineering Review has reviewed the first submittal routed for review on 04/25/2024, for the subject application and has No Objections subject to the following conditions: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal would require a Grading and Drainage Plan to show conformance to the County Drainage Regulations. 2. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 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. 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. Please contact me with any questions. Page 2 of 3 DRAINAGE PLAN REVIEW REFERENCES: The Drainage Regulations are listed in Section 1205 of the MCZO: https://www.maricopa.gov/documentcenter/view/272 Maricopa County Drainage Policies and Standards Manual: https://www.maricopa.gov/DocumentCenter/Home/View/2369 For Additional Information See: https://www.maricopa.gov/1635/Drainage-Review FLOOD CONTROL DISTRICT OF MARICOPA COUNTY REFERENCES: Floodplain Regulations for Maricopa County: https://www.maricopa.gov/DocumentCenter/View/630 For Additional Information See: https://www.maricopa.gov/3847/Flood-Control-District PND TRANSPORTATION REFERENCES: Residential Driveway Guidelines https://www.maricopa.gov/documentcenter/view/362 Roadway Design Manual http://www.mcdot.maricopa.gov/DocumentCenter/View/24883 Maricopa County Resolution for ROW Permits https://www.maricopa.gov/documentcenter/view/364 For Additional Information See: https://www.maricopa.gov/156/MCDOT PND STORMWATER QUALITY (SWPPP) REFERENCES: Storm Water Quality Management and Discharge Control Regulation https://www.maricopa.gov/DocumentCenter/View/6577 Air Pollution Control Regulations Rule 310 https://www.maricopa.gov/DocumentCenter/View/5354 For Additional Information See: https://www.maricopa.gov/3980/Water-Sewage-Stormwater-Waste Page 3 of 3 Abbreviations Key: Drainage: DD = Department Directive (See: http://www.maricopa.gov/1911/Department- Directives) MCZO = Maricopa County Zoning Ordinance DPSM = Maricopa County Drainage Policies and Standards SSA = State Standard Attachment DDMV1= Maricopa County Drainage Design Manual – Hydrology DDMV2 = Maricopa County Drainage Design Manual – Hydraulics Flood Control: FRMC = Floodplain Regulations for Maricopa County PND Transportation: RDM = MCDOT Roadway Design Manual RDG = MCDOT Residential Design Guidelines MSRP = MCDOT Major Streets and Routes Plan PND Storm Water: SWMDCR= Maricopa County Storm Water Quality Management and Discharge Control Regulation DDMV3= Maricopa County Drainage Design Manual – Erosion Control APCR= Maricopa County Air Pollution Control Regulations – Rule 310 1 Joseph Mueller (PND) From: Greg Loper <greg.loper@peoriaaz.gov> Sent: Thursday, May 2, 2024 11:04 AM To: Joseph Mueller (PND) Subject: RE: Z2024053 - Happy Apple Activity Center This Message Is From an External Sender This message came from outside your organization. Please use caution when corresponding outside the county. Thanks Joe – is that the one in the Peoria area? If so, my oldest son went there for pre-school. Thanks for reaching out – we don’t have any comments at this time. Greg Loper, AICP Parks, Open Space & Natural/Cultural Resources Senior Planner Strategic Planning O: 623-773-4613 M: 602-550-7004 Greg.Loper@PeoriaAz.gov City of Peoria | Planning Department 9875 N. 85th Avenue, Peoria, AZ 85345 Monday through Thursday, 7am to 6pm | Closed Friday PeoriaAZ.gov/planning From: Joseph Mueller (PND) <Joseph.Mueller@Maricopa.Gov> Sent: Thursday, May 2, 2024 11:00 AM To: psenseman@policydevelopmentgroup.com; Greg Loper <greg.loper@peoriaaz.gov>; Gehlert, George <ggehlert@glendaleaz.com>; upperwestsidephx <upperwestsidephx@gmail.com>; PDD Long Range Planning <pdd.longrange@phoenix.gov>; Teresa Retterbush (PRK) <Teresa.Retterbush@Maricopa.Gov>; p.a.spiller@gmail.com; edgrant@simaz.com; Brian Stutsman (MCSO) <BrianStutsman@MCSO.Maricopa.gov>; Scott Wilken <swilken@azmag.gov>; kcotner@azmag.gov; Arizona State Land Department <pe@azland.gov>; bfenske@azdot.gov; jgarcia@azdot.gov; dkrantz@citytocitycre.com; agarza@azmag.gov; tsprague@azgfd.gov; Project Evaluation Program - Game and Fish <pep@azgfd.gov> Subject: Z2024053 - Happy Apple Activity Center 퓻 퓼 퓽퓻 퓼 퓽This email arrived from an external source. Please exercise caution when opening attachments or clicking on links.퓻 퓼 퓽퓻 퓼 퓽 Good morning, We have received a request for a modificaƟon of condiƟons of approval for Z2008120 for the Happy Apple AcƟvity Center. The special use permit was iniƟally approved by the Board of Supervisors on January 12, 2010. The applicant is requesƟng modificaƟon of condiƟon “m” which set an expiraƟon of the SUP for 15 years aŌer approval (January 12, 2025). The applicant is requesƟng this is modified to be extended an addiƟonal 15 years. 2 The applicant is addiƟonally requesƟng the eliminaƟon of condiƟon “n” which required a status report to be submiƩed at the end of the first two years following iniƟal approval of the SUP. Staff notes this was saƟsfied with a submiƩed and approved status report via Z2021118. There is not a TAC meeƟng scheduled for this case. Staff may schedule one at a laƩer date if necessary. Please let me know if you have any quesƟons, comments, or concerns. Kind regards, Joseph Mueller PLANNING & DEVELOPMENT 301 W Jefferson St Phoenix, AZ 85003 Planner O: 602-506-7629 MARICOPA.GOV Facebook | Instagram | Twitter | YouTube