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October 20, 2021
Z2019134
Page 1 of 5
Report to the Board of Supervisors
Prepared by the Maricopa County Planning and Development Department
Board Hearing Date:
October 20, 2021
Case #/Title:
Z2019134 – Enchanted Garden
Supervisor District:
5
Applicant/Owner:
Carmen Eggleston, Enchanted Garden, LLC / All Other
Properties, LLC
Request:
Special
Use
Permit
(SUP)
for
public
assembly
to
accommodate a wedding/event facility in the Rural-43
zoning district
Site Location:
Generally located 700’ northwest of the northwest corner of
Carver Rd. and 43rd Ave. in the Laveen area
Site Size:
Approximately 2.5 acres
County Island Status:
Yes (City of Phoenix)
Additional
Comments:
The applicant is proposing a Special Use Permit (SUP) for
public assembly to accommodate a wedding and event
facility on a 2½ acre undeveloped site in the Rural-43 zoning
district located in the Laveen area.
There are no outstanding concerns from reviewing agencies.
The site is within the Municipal Planning Area of the City of
Phoenix and their General Plan designates the site as
Residential (0-1 du/ac). The City of Phoenix was notified of this
request but has not commented.
The applicant and the applicant’s legal counsel, after
discussing this proposal in a 2/3/20 neighborhood meeting
with the Laveen Planning Committee (LPC) and residents,
have made sound mitigation a priority for this development.
There will be sound attenuation measures in the construction
of the proposed reception hall; addition of lush vegetation;
banning amplified outdoor music (except unamplified string
and vocal); and using solid walls for sound deflection off the
adjacent mountains. Additionally, conditions have been
crafted within this SUP request concerning sound mitigations.
As far as traffic concerns, the applicant’s Traffic Report has
been reviewed by MCDOT who have no outstanding
concerns about this proposal.
October 20, 2021
Z2019134
Page 2 of 5
A total of 22 opposition items have bene received, but none
from within a 300’ radius of the site. It’s important to note that
the Applicant controls/owns all property within a 300’ radius
of the site. A super -majority vote (four affirmative votes of the
Board) for zoning approval has not been triggered. The
trigger is when 20% or more of property owners within a 300’
radius of the subject site, by number and area register
opposition to the case.
Nine residents spoke at the 9/23/21 Commission hearing . They
were in opposition to the SUP request. Most of their concerns
centered on noise pollution and traffic impacts to the
adjacent neighborhoods.
The Commission’s recommendation in order to mitigate these
concerns included modification of conditions ‘e.3’ and ‘h’
and addition of ‘k’ through ‘m’. These are listed below with
deleted text struck-through and added text underscored:
e. The following Hillside and Rural-43 development standards
shall apply:
3.
Allow use of six-foot tall wrought iron fences without
screening materials along the south and east
property lines property line and along 145-feet of the
east and west property lines from the south property
line northwards, then six-feet high solid block wall
extending north on both sides of these sides up to
and including the north boundary line.
h.
Events shall be limited to 8 a.m. to 10:00 p.m. Monday
through Thursday and 8 a.m. to 11:00 p.m. Friday through
Saturday Sunday. There shall be no multiple events
occurring on site simultaneously and events shall be
spaced a minimum of one hour between each event.
k.
There shall be no outdoor amplified music and the south
doors of the reception hall shall be closed during events.
l.
The east side doors of the reception hall shall be
screened by walls and dense landscaping for sound
mitigation.
m.
Outdoor live performances shall be limited to string
instruments and/or vocal.
Commission
Recommendation:
On 9/23/21, the Commission voted 5-2 to recommend
approval of Z2019134 subject to conditions ‘a’ – ‘m’:
October 20, 2021
Z2019134
Page 3 of 5
a.
Development of the site shall be in conformance with the Site Plan entitled
“Enchanted Garden”, consisting of two pages, dated August 8, 2021, and stamped
received August 10, 2021, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Enchanted Garden”, consisting of seven pages, dated June 15,
2021, and stamped received June 21, 2021, except as modified by the following
conditions.
c.
The following Planning Engineering conditions shall apply:
1.
At the time of acquisition of building permit(s), retention basin(s) must be
designed to drain within 36 hours. If drywells are needed to meet the 36-hour
de-watering requirement, dual-chamber drywells will be required because
the retention basin stores both offsite and onsite flows.
2.
At the time of acquisition of building permit(s), the driveway connection to
Carver Road shall be in accordance with the fourth site plan submitted on
8/10/2021.
3.
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.
Engineering review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.
5.
Detailed Grading and Drainage Plans showing the new site improvements
must be submitted with building permit(s).
d.
This special use permit is valid for a period of 15-years and shall expire on October
20, 2036, 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 Hillside and Rural-43 development standards shall apply:
1.
Reduced required yards to zero feet only in areas of the lot classified as
Hillside to accommodate screening walls, landscaping, and retention along
these property lines. And, Rural-43 base required yards in portions of the lot
not classified as Hillside.
2.
An increase of the maximum allowed height for the reception hall’s tower to
44-feet above original natural grade.
October 20, 2021
Z2019134
Page 4 of 5
3.
Allow use of six-foot tall wrought iron fences without screening materials
along the south property line and along 145-feet of the east and west
property lines from the south property line northwards, then six -foot high solid
block wall extending north on both of these sides up to and including the
north boundary line.
4.
Permit the use of alternative materials in parking areas that conform to
County and Maricopa County Department of Air Quality requirements to
minimize dust pollution from driveways and parking areas, in lieu of asphalt
pavement or concrete.
f.
The applicant/developer shall submit a “Will-Serve” letter from the City of Phoenix
prior to Building Permits, ensuring that the City will provide public water to the site.
g.
Sound attenuation shall be incorporated in the construction of the reception hall
building to maintain exterior sound buffering of 45 decibels from the edge of the
property lines.
h.
Events shall be limited to 8 a.m. to 10:00 p.m. Monday through Thursday and 8 a.m.
to 11:00 p.m. Friday through Sunday. There shall be no multiple events occurring
on site simultaneously and events shall be spaced a minimum of one hour between
each event.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit 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 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.
k.
There shall be no outdoor amplified music and the south doors of the reception hall
shall be closed during events.
l.
The east side doors of the reception hall shall be screened by walls and dense
landscaping for sound mitigation.
m.
Outdoor live performances shall be limited to string instruments and/or vocal.
October 20, 2021
Z2019134
Page 5 of 5
Presented by:
Martin Martell. Planner
Reviewed by:
Darren Gérard, AICP, Planning Manager
Attachments:
9/23/21 P&Z Packet (30 pages)
9/23/21 P&Z Handout – Legal Counsel Request (5 pages)
9/23/21 P&Z Handout – Opposition Letters (5 pages)
9/23/21 P&Z Handout - Opposition Letters (2 pages)
9/23/21 P&Z Handout - Opposition Letters (34 pages)
9/23/21 LPC Correspondence (18 pages)
9/27/21 Appeals to P&Z Recommendations (26 pages)
Note:
9/23/21 Draft P&Z Minutes are not available as of the writing of this report, but can
be provided upon request later when available.
Z2019134
Page 1 of 10
Report to the Planning and Zoning Commission
Prepared by the Maricopa County Planning and Development Department
Case:
Z2019134 – Enchanted Garden
Hearing Date:
September 23, 2021
Supervisor District:
5
Applicant:
Carmen Eggleston, Enchanted Garden, LLC
Owner:
All Other Properties, LLC
Request
Special Use Permit (SUP) for public assembly to accommodate a
wedding/event facility in the Rural-43 zoning district
Site Location:
Generally located 700’ northwest of the northwest corner of Carver
Rd. and 43rd Ave. in the Laveen area
Site Size:
Approximately 2.5 acres
Density:
N/A
County Island:
Yes (City of Phoenix)
County Plan:
Laveen Area Plan – Rural Densities (0-1 du/ac)
Municipal Plan:
City of Phoenix – Residential 0-1 du/ac
Municipal Comments:
None received to date
Support/Opposition:
Staff received one letter of opposition
Recommendation:
Approve with conditions
Z2019134
Page 2 of 10
Project Summary:
1.
The applicant is proposing a Special Use Permit (SUP) for public assembly to
accommodate a wedding and event facility on a 2½ acre site in the Rural-43 zoning
district. The site is located 300 feet north of Caver Rd., which is 700 feet northwest of the
northwest corner of 43rd Ave. and Carver Rd. in the Laveen area. The site is at the
southern base of the South Mountain foothills and the terrain of the site slopes downward
from 1,125 feet in the north to 1,099 feet in the south of the lot. About 56.4% of the site
has slopes of 15% or greater, making over half the site classified as Hillside, where any
development (other than a driveway or utility line) must be located inside of the lot’s
principal building envelope, as per Article 1201.2.1 of the Zoning Ordinance. The
applicant proposes 61,241 square feet of Hillside disturbance to this site which is below
the maximum disturbance of 75,000 square feet required for areas of Hillside. Currently,
the site is undisturbed desert with Upper Sonoran Desert vegetation.
2.
The plan for the site is to add an 8,800 square foot building, where most weddings and
events will be held. The building will consist of a 2,856 square foot residential cottage,
4,513 square foot reception hall, and a 1,430 square foot walkway colonnade that
connects the two structures. The reception hall will contain a bride/groom suite, restrooms
and an ornamental tower. Additionally, the plan is to provide a lawn area in front of the
reception hall and colonnade for outdoor weddings/events inside temporary tents when
needed. Main access to the site will be provided by a 24-foot wide Access Easement
(44th Ave.) that will connect the site to Caver Rd. which is 300 feet to the south. Along
the Access Easement adjacent to the site will be two driveways. The first driveway,
located in the southeast corner of the site, would provide access to the parking area,
where there will be 114 standard parking spaces and three ADA accessible spaces near
the building’s colonnade. The second driveway, located in the site’s northeast corner,
will be for deliveries, wedding vehicles, and trash pickup. Each driveway will be gated
with a six-foot-high sliding gate. The perimeter of the site will be screened with a six-foot-
high solid wall along the north and west property line. Along the south and the east
property line will offer a six-foot-high wrought iron fence without any attached screening
materials to the fence. The applicant proposes to add dense landscaping behind these
feces as screening. Other than the grass lawn, the landscaping of the site will entail lush
landscaping to create a desert oasis theme.
3.
Enchanted Garden will be a wedding and event facility with a resident caretaker who
will live on site. The events taking place on the property may include a maximum of 250
visitors per event between Monday through Sunday, but events will occur primarily on
Saturdays. Other than the caretaker there will be two to five staff members. Food for
these events will be produced off-site by licensed caterers who will also serve beverages.
Hours of operation will be 8:00 am to 10 pm Monday through Thursday and 8:00 am to 11
pm Friday through Saturday. After each event all guest must depart from the site within
30 minutes. Although, there will be outdoor weddings, there will be no live or amplified
music outdoors, because all amplified/live music will be restricted to only occur indoors.
Moreover, sound attenuation will be incorporated to the reception hall and access doors
will be oriented southward to avoid sound echoing from the surrounding mountains.
4.
The applicant first met with staff to discuss this proposal on July 23, 2019, where staff
recommended a SUP for public assembly and to vary many of the Hillside requirements
demonstrating justifications for each request. On December 4, 2019, the applicant
Z2019134
Page 3 of 10
applied for a public assembly SUP. Thereafter, staff held a Technical Advisory Committee
Meeting on January 7, 2020 and discussed the first review of this SUP request with the
applicant’s engineer.
5.
Since 56.4% of the site is classified as Hillside, where disturbance (other than driveway or
utility connection) must be contained within the lot’s principal building envelope for parts
of the lot classified as Hillside, the applicant is requesting to vary development standards.
Variations are requested to all required yards inside areas classified as Hillside to zero feet,
which will enable the placement of the building in the highest portion of the site to
maximize the viewshed of Orange Valley below. Moreover, the reduction of the required
yards to zero feet will allow the construction of screening walls and lush landscaping to
create additional sound attenuation for the facility. Another request is to vary the
maximum height form the original natural grade for structures from 30 feet to 44 feet,
which will accommodate a tower for the southeast elevation of the reception hall for an
architectural effect. Still another request is to vary the screening requirements to allow
for wrought iron fencing without screening materials along the south side yard and east
front yard of the lot. The reason for this request is to accommodate a request by the
Laveen Planning Committee (LPC), a community interest group, made during meetings
with the applicant who feared that a solid wall would not be aesthetically pleasing when
viewed from the south. In lieu of screening materials for the fences, lush desert
landscaping will be planted adjacent to these fences. Additionally, there is a request to
vary the required paving in the parking areas to an alternative materials to alleviate dust
pollution and reduce the required four loading/unloading spaces to one space. The
reason for the final requests is to allow a parking area to be used, but still minimize dust
pollution and accommodate occasional deliveries to the site. Finally, instead of granting
this SUP for public assembly a ten-year time limit, the applicant is requesting that the
Board of Supervisors grant a 15-year period for this SUP. Because full buildout of this site
is expected to take five-years to complete and by extending the time limit to 15 years
would still allow ten-years of use at full buildout.
Z2019134
Page 4 of 10
Z2019134
Page 5 of 10
Z2019134
Page 6 of 10
Hillside Cross-Sections
Existing On-Site and Adjacent Zoning / Land Use:
6.
On-site:
Rural-43 / Undisturbed desert
North:
Rural-43/ Undisturbed desert
South:
Rural-43/ Undisturbed desert
East:
Rural-43/ Undisturbed desert
West:
Rural-43/ Undisturbed desert
Utilities and Services:
7.
Water:
City of Phoenix
Wastewater:
Private septic system
School Districts:
Phoenix Union High School District
Laveen Elementary School District
Fire:
Laveen Fire District
Police:
MCSO
Right-of-Way:
8.
The site is not directly adjacent to any MCDOT right-of-way. Access to the site is provided
by a 24-foot wide Access Easement (44th Ave.) that links the site to Carver Rd. where a
new driveway will be paved designed per MCDOT Standards inside the street’s right-of-
way.
Z2019134
Page 7 of 10
Adopted Plans:
9.
Laveen Area Plan (adopted February 18, 1992): The Laveen Area Plan designates the site
as Rural Residential (0-1 du/ac). This designation is for sites with limited access to public
utilities and/or facilities.
10.
City of Phoenix General Plan: The General Plan designates the site as Residential 0-1
du/ac. This designation is appropriate for sites with limited/no access to public utilities or
has topographic limitations.
Public Participation Summary:
11.
The applicant has complied with the Maricopa County Public Participation process with
the required posting of the property. There has been notification to adjacent property
owners within 300-feet of the site and interested parties in the immediate area. During
this process staff received one letter of opposition. The reason for their opposition is that
they believe a wedding/event facility will negatively affect local traffic and concern that
this use will generate noise that interferes with the quiet desert surroundings.
12.
Initially, there was concern from the Laveen Planning Committee (LPC) about this
proposal. On January 31, 2020, the applicant and their council, conducted a phone
meeting with the group. During the initial discussion, the LPC decided the best route to
address their concerns and any potential impact from this SUP proposal would to hold a
public meeting. On February 3, 2020, the LPC held a public meeting discuss this proposal
followed by two subsequent phone meetings with the applicant and their council. The
main concerns generated from these meetings was over sound being echoed around
the surrounding mountains and having solid block walls along the south property ln view
of residents to the south. To comply with the request from the LPC the applicant will not
allow any amplified outdoor music, and doors of the banquet hall will be moved to the
south towards the lower elevation, instead of the north toward the mountains. Another
agreed upon modification of the original plan was to change the south/east solid
masonry walls into wrought iron fencing without screening material with the addition of
lush landscaping to act as screening. Other concerns that the LPC had involved items
over grading and drainage of the site, which have been addressed via a thorough staff
review of the applicant’s submittal that incorporated the County’s Hillside site plan
requirements.
Outstanding Concerns from Reviewing Agencies:
13.
There are no agencies that have outstanding comments, concerns, or are in opposition
of this SUP request.
Staff Analysis:
14.
The use of the site as a wedding and event facility would be a concern if water was
hauled or provided by a well to the site; however, since according to the applicant water
to the site will be from the City of Phoenix public waterline makes the proposed use less
of a concern. In addition, by providing water bottles for use during events with no on-
site food preparation and utilizing drip irrigation in the landscape area will minimize water
consumption. Although the site is on a lot classified as Hillside and there are requests to
Z2019134
Page 8 of 10
vary these development standards, the majority of which will have a minimal effect on
the site resulting in standards similar to what is found in other commercial developments.
Moreover, the majority of the varied development standards would be virtually
unnoticeable since all the properties surrounding the site are undeveloped and the
nearest resident to the site is over 300-feet away from the site’s south property line.
However, the request to vary the maximum height of the reception hall’s tower to 44-feet
to the tower’s roof peak would be noticeable and have a significant visual impact on
the adjacent neighborhood. However, after review by the LPC and on behalf of the
adjacent neighborhood does not share staff’s concerns. Furthermore this 14-foot
increase would be minimal, especially with the tower’s small footprint in comparison with
the entire reception hall used as an architectural feature. Increasing the maximum height
for the tower to 44-feet would eliminate the need for signage and would serve as a site
identifier for visitors. The request to reduce the required yards inside the Hillside areas of
the lot to zero feet could be an impact to adjacent future neighbors of the site; however,
the buildings on the lot will be setback a minimum of 18-feet from the property lines with
lush landscaping will be in between the buildings which create a natural buffer. The
applicant has an appropriate plan to mitigate possible noise from the site by not allowing
amplified outdoor live/recorded music and a wiliness to add sound attenuation to the
reception hall. Furthermore, with the nearest residence is located over 500-feet from the
event lawn where outdoor weddings will take place and with lush planting of bushes and
trees in the south side yard would also aid in sound mitigation.
15.
Vehicular traffic could be a concern, especially when up to 250 people could attend a
single event, but since there are no residences on the north side of Carver Rd. the one
24-foot wide driveway would be able to accommodate event traffic. Moreover, adding
the curve of this driveway, which is recommended by MCDOT, to align with the existing
intersection of 44th Ave. and Caver Rd. would lessen the impact of traffic on Carver Rd.
Although, staff have received one letter of opposition regarding this SUP request, this was
received prior to the LPCs Neighborhood Meeting that has addressed their concerns over
noise with sound mitigation measures that will be incorporated with this development.
Increasing the time frame of this SUP for five extra years would be appropriate for a
commercial use and would allow the property owner ten-full years at full buildout of the
site. Therefore, staff are recommending approval of this SUP provided the conditions
listed below are adhered to.
Recommendation:
16.
For the reasons outlined in this report, staff recommends the Commission motion for
Approval, subject to conditions ‘a’- ‘j”:
a.
Development of the site shall be in conformance with the Site Plan entitled
“Enchanted Garden”, consisting of two pages, dated August 8, 2021, and stamped
received August 10, 2021, except as modified by the following conditions.
b.
Development of the site shall be in substantial conformance with the Narrative
Report entitled “Enchanted Garden”, consisting of seven pages, dated June 15,
2021, and stamped received June 21, 2021, except as modified by the following
conditions.
Z2019134
Page 9 of 10
c.
The following Planning Engineering conditions shall apply:
1.
At the time of acquisition of building permit(s), retention basin(s) must be
designed to drain within 36 hours. If drywells are needed to meet the 36-hour
de-watering requirement, dual-chamber drywells will be required because
the retention basin stores both offsite and onsite flows.
2.
At the time of acquisition of building permit(s), the driveway connection to
Carver Road shall be in accordance with the fourth site plan submitted on
8/10/2021.
3.
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.
Engineering review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle
applicants to future designs that are not in conformance with Section 1205
of the Maricopa County Zoning Ordinance and Drainage Policies and
Standards; Floodplain Regulations for Maricopa County; and the MCDOT
Roadway Design Manual.
5.
Detailed Grading and Drainage Plans showing the new site improvements
must be submitted with building permit(s).
d.
This special use permit is valid for a period of 15-years and shall expire on October
20, 2036, 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 Hillside and Rural-43 development standards shall apply:
1.
Reduced required yards to zero feet only in areas of the lot classified as
Hillside to accommodate screening walls, landscaping, and retention along
these property lines. And, Rural-43 base required yards in portions of the lot
not classified as Hillside.
2.
An increase of the maximum allowed height for the reception hall’s tower to
44-feet above original natural grade.
3.
Allow use of six-foot tall wrought iron fences without screening materials
along the south and east property lines.
4.
Permit the use of alternative materials in parking areas that conform to
County and Maricopa County Department of Air Quality requirements to
minimize dust pollution from driveways and parking areas, in lieu of asphalt
pavement or concrete.
Z2019134
Page 10 of 10
f.
The applicant/developer shall submit a “Will-Serve” letter from the City of Phoenix
prior to Building Permits, ensuring that the City will provide public water to the site.
g.
Sound attenuation shall be incorporated in the construction of the reception hall
building to maintain exterior sound buffering of 45 decibels from the edge of the
property lines.
h.
Events shall be limited to 8 a.m. to 10:00 p.m. Monday through Thursday and 8 a.m.
to 11:00 p.m. Friday through Saturday. There shall be no multiple events occurring
on site simultaneously and events shall be spaced a minimum of one hour between
each event.
i.
Noncompliance with any Maricopa County Regulation shall be grounds for
initiating a revocation of this Special Use Permit 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 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:
Martin Martell, Planner
Reviewed by:
Matthew Holm, AICP, Planning Supervisor
Attachments:
Case Map (1 page)
Site Plan (reduced 8.5”x11”, 2 pages)
Narrative Report (7 pages)
MCDOT comments (1 page)
MCESD comments (1 page)
DPR comments (2 pages)
Opposition Letter (1 page)
Discussions with Laveen Planning Committee (5 pages)
MARICOPA COUNTY
/
Maricopa County Planning & Development - Phoenix, AZ
3
Gross Acres: 4.48 approx.
Generated April 20, 2021 09:59 AM
Z2020069
Application Name:
Legal Description
Arizona Natural Concepts EDR PSEI
Applicant
Case Address
T05N R03E 9, TT5N RR3E 09
Michelle Green for Lazarus & Silvin P.C.
1039 E CAREFREE Hw y
Applicant Phone/Email
Parcel Primary: 211-74-013
602.340.0900
mgreen@lslawaz.com
PHOENIX AZ 85085
Map scale 1:1,475
Supervisor District No.
SUP TO ALLOW CULTIVATION FOR OFF-SITE EXPORT
Enchanted Gardens EDR PESI
T01S, R02E 16
Carmen Eggleston
4414 W Carver Rd
Laveen, AZ 85339
Generated September 9, 2021 02:12 PM
602.214.2220
contact@enchantedgardenweddings.com
300-08-956A
2.5
Z2019134
5
Special Use Permit for wedding and event venue
5
7
LOADING/UNLOADING ZONE
Enchanted Garden
Z2019134 – Submitted 11-27-2019
1st Revision 05-15-2021
2nd Revision 06-15-2021
A Wedding and Event Venue in conjunction with a proposed Single-Family Residential Home,
located on approximately 2.5 acres near the southeast corner of Carver Road and 44th Avenue
A Wedding Venue
NW 44th Avenue & Carver Road
Page 1 of 6
Z2019134 NARRATIVE REPORT
A. Title Page
A Wedding and Event Venue in conjunction with a proposed Single-Family Residential Home,
located on approximately 2.5 acres near the northwest corner of Carver Road and 44th Avenue
in the south Phoenix area of unincorporated Maricopa County; APN 300-08-956A.
SITE
VICINITY MAP
N
n.t.s.
A Wedding Venue
NW 44th Avenue & Carver Road
Page 2 of 6
B. Purpose of Request
It is requested that a new wedding venue and single-family residence be granted a
Special Use permit to operate in an RU-43-zoned parcel on a 2.5-acre site located near
the southeast corner of Carver Road and 44th Avenue in the south Phoenix area of
unincorporated Maricopa County.
The APN of the parcel is 300-08-956A.
The existing underlying zoning of the site is Rural-43. The site is currently
vacant/undeveloped desert, and is surrounded on all four sides by undeveloped desert,
also zoned Rural-43.
The site will be set back more than 300 feet from the north edge of right-of-way in order
to provide buffering from traffic along Carver Road. A legal description will be provided
as part of the Special Use Permit submittal. The property is currently under contract; the
applicant is acting as agent for the owner in the SUP submittal for this property.
C. Description of Proposal
Proposed Business Operations
Personal and business events serving up to 250 people will be available to occur
Monday through Sunday, but the majority of events will typically occur on Saturdays.
Food and drinks will be supplied by licensed caterers. Outdoor events will typically
occur between the buildings and the parking lot. Temporary tents will be set up and
taken down to support the current event and offer shade to the guests. However, no
amplified music (whether pre-recorded or live) will be played outside the buildings. The
buildings will be constructed in order to incorporate sound-proofing measures.
The owner will be at all events in order to ensure that the events are quality, cultured,
and responsible. The presence of a quality, cultured, responsible, and local wedding
venue is a community asset.
One of the main goals of this proposed site is to donate to and develop community
assets locally for the medical and financial assistance of mold victims for infants,
children and adults. In addition, we believe in making communities safe, and will donate
towards more firefighters and safety equipment for them. We also believe in proper
education, and will donate towards better schools and educational equipment and
opportunities. We want to make local people proud that we are a part of them.
Hours/Days of Operation
Personal and business events will be available 8 AM to 10 PM Monday through
Thursday and Sunday, Friday and Saturday 8 AM to 11 PM. Guests shall depart within
half an hour after their event ends.
Number of Employees
Standard operations will be handled by the owner plus two to five staff members during
events. The employees and vendors will be preferentially locally sourced and hired.
Description of Site
The site will be laid out with a dust-free parking lot for the guests and vendors in the
front, with a parking lot loop to create a circulation path through the parking lot. A
reception hall with bridal suite and groom’s suite, and a house, will be constructed near
the back of the lot. The property will be enclosed with a 6’ property boundary block wall
on the north half of the property and 6’ wrought-iron fence along the south half of the
property in order to provide partial screening and security. The construction will be
phased to where the reception hall will be constructed first. As more events are
performed, the bride and groom’s suites, office, storage, and owner’s house will be
permitted and constructed.
The owner will live in a house on the grounds in order to be onsite during events.
An RU-43 development standard side-yard setback and hillside development limit
is requested to be varied from the standard 30 feet on the north/south side of the lot
to 0 feet instead of 30 feet so that all buildings may be constructed in a row near the
top of the parcel to maximize the view of the hidden valley. The view is a critical
part of the business and maximizing the view greatly increases the value of the
venue location. RU-43 development standard front-yard setback and hillside
development limits on the east side of the lot is requested to be varied from 40-feet to
zero to allow grading and landscaping within the front yard setback where no grading is
ordinarily allowed. RU-43 development standard rear-yard setback and hillside
development limits on the west side of the lot is requested to be varied from
40-feet to zero to allow grading, landscaping, and building within the rear yard
setback where no grading or livable building is ordinarily allowed. This dense tree
cover and slope will create the lush landscaping essential to the look of the event
venue.
The landscaping and screening will render the grounds an architectural and landscaping
jewel. There will be fountains, benches and wandering pathways around groups of
sculpted vegetation to create areas of visual privacy. Trees, bushes, hedges, and
flowers will be used to screen the property and the buildings. Much of the site will be
professionally landscaped, creating an expansive, lushly beautiful, inviting oasis.
Screening Wall/Fence Details
The site will be screened by a six-foot high block wall, painted to blend with the
surrounding vegetation and terrain on the north half of the lot, and wrought-iron on
the south half of the lot. We request to vary an RU-43 development standard to allow
the screen wall to be placed along the property line within the hillside area of the lot,
so as to screen the improvements. Native southwestern plants will be used
within the retention basin along the southern property line for screening.
A Wedding Venue
NW 44th Avenue & Carver Road
Page 3 of 6
A Wedding Venue
NW 44th Avenue & Carver Road
Page 4 of 6
Description/Location of Buildings
The buildings will be designed in a European traditional style in stone and stucco,
placed in a row near the high end of the site. We request to vary the required maximum
building height on the site to 44 feet where 30 feet is the maximum building height in
rural zoning districts. The reason for the change is that the tower will serve as a visual
indicator of the business location, since the property is not adjacent to Carver Road. In
addition, the existing site slope severely limits the height of the venue, as the grade
under the venue has to be raised in order to have a flat floor. Raising the ground under
the venue shrinks the maximum height the building can be above the finished grade, as
the max height is measured from the existing grade below finished grade. A change to
an RU-43 development standard is requested to reduce the west property line setback
to 0 feet from 40 feet so that the owner’s house may be built adjacent to the rest of the
buildings and allow for the most efficient parking layout in the parking lot below.
Members of the Laveen Planning Commission requested that the trash enclosure be
moved to the northeasterly site corner, and that the site from the main parking lot south
have a wrought-iron perimeter fence rather than block wall. Because of this, we request
to vary the requirement to add screening materials to the east, west, and south
perimeter fences.
D. Relationship to Surrounding Properties
The Laveen area has exploded with development over the last few years. Several
subdivisions have been added to the immediate area, such as Tierra Montana with 921
new lots, or Ellison Trails with 174 new lots, or the Legacy at Hudson with 141 new lots,
or Dobbins Village with 367 new lots. New shopping centers have been developed from
Baseline Road and 51st Avenue to Baseline Road to 55th Avenue. As more people move
to the area, the need for wedding and event venues will only increase. There are no
wedding venues in the immediate area. The Ahwatukee Foothills area residents could
also enjoy this beautiful wedding venue especially due to the completion of the new
freeway.
The Laveen area is within a 10 to 20 minute commute to the I-10 corridor and downtown
Phoenix.
The site is accessed off of Carver Road, and is isolated by what will be a more than
eight acre Flood Control basin on the east side, and undeveloped properties on the
south, west, and north sides.
E. Location and Accessibility
The primary access to the site is via Carver Road, which is a collector roadway. A 24-
foot wide, two-lane, dust-proof driveway will connect clients on Carver Road to the site.
No Parking signs will be posted along the driveway. We request to vary the requirement
of asphalt or concrete access to allow dust-proof surfacing.
Onsite, the guests will drive to a central parking lot, which will loop around and connect
back to the driveway for continual traffic flow into, around and through, and out back to
the road. The site will be set up for handicap access, with a lane & ramp connecting the
buildings to the parking lot. Loading/unloading space will be varied from 4 to 1 since our
operation will only need one delivery at a time.
F. Circulation System
The primary access to the site is via Carver Road, which is a collector roadway. A 24-
foot wide access easement for a two-lane, dust-proof driveway will connect clients on
Carver Road to the site.
Onsite, the guests will drive to a central parking lot, which will loop around and connect
back to the driveway for continual traffic flow into, around and through, and out back to
the road. The site will be set up for handicap access, with a lane & ramp connecting the
buildings to the parking lot. We request to vary the requirement of asphalt or concrete
onsite to allow dust-proof surfacing.
The traffic on Carver Road will be directed to come from the new Loop 202 and 51st
Avenue, and from 35th Avenue south to Carver Road. Due to the nature of typical guest
arrival and departure patterns, there should be no loss of service along Carver Road.
G. Development Schedule
Initially, the site will be landscaped and the parking lot and driveway to the
street covered with a dust-proof covering. The reception hall will most likely be
constructed first. At the same time or shortly afterwards, the bride’s and groom’s
suites will be constructed. When feasible, the driveway to the street and the parking lot
will be paved. Later on, once the business is profitable, the reception hall will be
expanded to its full dimensions. Lastly, the owner’s house will be built. Construction
will start within four years of Board approval. Full buildout of the site is expected to
take three to five years. Due to the extended development schedule, a Special Use
Permit duration of 15 years is respectfully requested.
H. Community Facilities and Services
The proposed site is within the Laveen Elementary School District and the Phoenix
Union High School District.
South Mountain Community College has added an extension campus at the Betty
Fairfax High School site in Laveen Village.
A Wedding Venue
NW 44th Avenue & Carver Road
Page 5 of 6
A Wedding Venue
NW 44th Avenue & Carver Road
Page 6 of 6
Cesar Chavez Park is 3.1 miles away.
The South Mountain Park entrance is 7.4 miles away and is considered to be the largest
municipal park in the United States.
Laveen supports two golf courses: the Southern Ridge Golf Club, located at 59th
Avenue and Baseline Road, is an 18-hole, par-72 course as well as a driving range. The
Aguila Golf Course is an 18-hole public course located at 35th Avenue and Dobbins
Road.
I. Utilities
Water: Bottled water will be provided for drinking to all event attendees, and City of
Phoenix water will be used for flushing, washing, and landscape watering. The owner’s
cottage residence will be supplied by City of Phoenix water for drinking, washing, and
flushing.
A septic system will be used for the disposal of flush water.
Power will be supplied by SRP.
Fire protection will be supplied by the Laveen Fire District 11566, managed by the City
of Phoenix.
Water will be provided by the City of Phoenix.
Police services will be provided by the Maricopa County Sheriff’s Office.
Telephone and cable will be provided by Cox Communications.
Natural gas, if used, will be supplied by Southwest Gas.
Refuse will be disposed of by private contract with Republic Services.
I:\DGN\PLAN-REV\2019\Enchanted Garden_Z2019134.doc
MCDOT -- TRAFFIC ENGINEERING
REVIEW COMMENT SHEET
1 OF 1
Project Name: Enchanted Garden
Location: 11240 S. 43rd Ave, Laveen, AZ, 85339
P&D/MCDOT File No.: Z2019134
Date: 12-19-2019
Reviewer: Raj Thoutam
Phone No.: 602-506-8940
Reviewer: Maie Elkeshky
Phone No.: 602-506-1788
Consultant: Del Rio Engineering
Project No.: 19042
Report Sealed By: Michael Roberts Phone No: (602) 400 0810 Fax: xxx
CONSULTANT CODE:
A = Will Comply
B = Deleted
C = Consultant to Evaluate
Item
Number
Page
Number
Comments
Consultant
Reply
= = =
1
= = =
1ST REVIEW (TIS)
Consultant: Please use the code and respond to each comment in the Consultant
Reply Column. This sheet is for our record, please answer every question and sign
and date your acknowledgement or the plans will be sent back to complete the
process. Send back the marked-up plans and a new set of plans along with this
comment sheet. Thank you for your cooperation.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
General Summary:
The proposed Wedding Chapel and reception facility is located at 11240 S. 43rd Ave,
Laveen. It will include a paved parking lot for 117 spaces and 24 foot driveway. The
development will generate 96 trips at peak hour.
Review Comments:
Will proposed driveway to the site align with 44th Ave that is located south of Carver
Road? If not, Please refer to MCDOT Roadway design manual Sec 7.9 for proper
layout/design of the driveway.
Signature: _____________________________________ Date: ___________
Subdivision Infrastructure &
Planning Program
1001 N. Central Avenue #150
Phoenix, Arizona 85004
Phone: (602) 506-1058
Fax: (602) 506-5813
TDD 602 506 6704
Maricopa County
Environmental Services Department
Water and Waste Management
DATE:
December 13, 2019
TO :
Martin Martell, Planning & Development Dept.
Planner
FROM:
Souren Naradikian, P.E.
Senior Civil Engineer
SUBJECT:
SUP for Wedding venue in Laveen. Z2019134
The Maricopa County Environmental Services Department (MCESD) has reviewed
documents received from the Maricopa County Planning and Development
Department for the above referenced project. This project is a request for a wedding
venue with SFR at APN# 300-08-956. Water and Sewer, bottled water (well) and
septic system. MCESD has concerns, may need public source approval and NOID
application and approval prior to any construction permit approval.
Stormwater - The proposed project is located within the unincorporated urbanized
area regulated by the Maricopa County Stormwater Quality Program and may need
a stormwater approval (SWPPP) prior to building permit approval. For
further information, go to www.maricopa.gov/stormwater.
Based on the above, MCESD raised no objection to this project to the Planning &
Development Department in Accela on December 13, 2019 and can allow the project
to proceed at this time subject to the following stipulations:
Stipulations:
It should be noted that this document does not approve the referenced project.
Comments are provided only as advisory to Maricopa County Planning and
Development Department to assist staff to prepare a staff report. Other Maricopa
County agencies may have additional requirements. Final review and approval will be
made through Planning and Development Department procedures. Applicant may
need to submit separate applications to the Maricopa County Environmental Services
Department for approval of proposed facilities regulated by the Department. Review
of any such application will be based on regulations in force at the time of
application.
Anthony J. Regis, PE, CFM
Planning & Development
501 North 44th Street, Suite 200
Phoenix, Arizona 85008
Phone: (602) 506-8790
Fax: (602) 506-3282
www.maricopa.gov/planning
Email address:
Tony.Regis@Maricopa.gov
Maricopa County
Planning & Development Department
Engineering Plan Review
Date:
July 20, 2021
Memo To: Darren Gerard, AICP, Deputy Director, Department of Planning &
Development
Attn:
Martin Martell, Planner, Planning & Development Services
From:
Tony Regis, P.E., CFM, Plans Examiner Engineer (Drainage),
Planning & Development
cc:
Michael Norris, P.E., Drainage Engineering Manager, Planning &
Development
Subject:
Z2019134 –SUP – Enchanted Garden
(E3 Memo)
Job Site Address: 11240 S. 43rd Ave., Laveen
APN(s):
300-08-956
Engineering Review has reviewed the plans and report submittal received on
6/21/2021 for the subject application and has no objections provided that any
approval include the following stipulations:
1. At the time of acquisition of building permit(s), retention basin(s) must be
designed to drain within 36 hours. If drywells are needed to meet the 36-hour
de-watering requirement, dual-chamber drywells will be required because the
retention basin stores both offsite and onsite flows.
2. At the time of acquisition of building permit(s), the driveway connection to
Carver Road shall be in accordance with the fourth site plan submitted on
5/18/2021.
Any approval of this case should include the following standard stipulations:
1. 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.
2. Engineering review of planning and/or zoning cases is for conceptual design
only and does not represent final design approval nor shall it entitle applicants to
future designs that are not in conformance with Section 1205 of the Maricopa
County Zoning Ordinance and Drainage Policies and Standards; Floodplain
Regulations for Maricopa County; and the MCDOT Roadway Design Manual.
3. Detailed Grading and Drainage Plans showing the new site improvements must
be submitted for the acquisition of building permits.
Please contact me if you have any questions or require clarification of these
comments.
From: sflahiff@gmail.com <sflahiff@gmail.com>
Sent: Wednesday, January 15, 2020 6:36 PM
To: Martin Martell (PND) <Martin.Martell@Maricopa.Gov>
Subject: Case# Z2019134 Enchanted Garden Weddings (43rd Ave & Carver)
Good evening,
I wanted to reach out to you in regards to Case# Z2019134 Enchanted Garden Weddings (43rd Ave &
Carver). I, as most individuals in this neighborhood, do not approve of the rezoning plans in question.
My boyfriend and I purchased our home a little over a year ago because of the rural characteristics in
this area. This neighborhood is our own little paradise away from the urban lifestyle. Bringing a business
into our backyard, will not only madden and irritate a lot of long time residents, due to noise and traffic,
but it will also push homeowners (including ourselves) to search for somewhere else to live. Sound
bounces and travels around very easily in this area due to the mountain walls. No matter how “quiet”
they claim they will be, it will disrupt our normal every day lives, especially in the evenings.
The county side of Carver road has not been maintained in all the time we have lived here and then
some. The road continues to crumble away and the potholes are getting worse and worse every day.
These potholes have caused damage to several vehicles, including my own, and the road will only
continue to get worse with the more traffic that travels on it. If this wedding venue is approved, there
will be a LOT more traffic traveling down our non maintained road.
On the north side of the mountain, across for the land in question, there is a wedding venue already
established. If this new business gets approved, it could put the existing venue out of business. Rather
than accepting a newcomer that could increase the city’s revenue, we should support the our existing
businesses as if they were part of our own family.
I sincerely hope you consider the effect it would have on residents in this area during the decision
process.
Sincerely,
Samantha Flahiff
- A very concerned resident
2
Meetings with Laveen Planning Committee
The signs and internal citizen activities prompted a total of 16 emails to the contact
email address provided on the signs, from 12 individuals. No written materials were
mailed. These emails do not include communications with the Laveen Planning
Commission, to which emailed, phone, and in-person discussions and negotiations were
made through Earl & Curley as owner’s representative.
1/31/2020 Phone discussion between Laveen Planning Commission Members & Earl & Curley
representative
2/3/2020 Public Community Meeting conducted by the Laveen Planning Commission
2/12/2020 Meeting between Laveen Planning Commission & Earl & Curley representative
10/14/2020 Meeting between Laveen Planning Commission & Earl & Curley representative
Summary of Concerns, Issues, and Solutions
The Laveen Planning Commission brought forth a number of concerns. These concerns
were negotiated and addressed per the following matrix.
Concerns - Laveen
Planning Commission
Response
Design
Change
Concerned about the possibility of
graffiti on block walls
Walls may be coated with anti-graffiti paint
None
Walls will block animal passage
Animal passage is not a use by right in the RU-
43 Zoning District, and if homes were built
where the venue is proposed, walls would
almost certainly built to block animal passage.
Walls are part and parcel of the character of the
area.
None
Block walls are ugly
The block walls will be painted to match with
the individual colors of the hill that they are on.
None
Change perimeter block wall to
wrought-iron fence around the
main parking lot to discourage other
development from being
surrounded by block wall.
Changed perimeter block wall to wrought-iron
fence around the southern half of the lot.
Changed perimeter
block wall to
wrought-iron fence
around the
southern half of the
lot on the G&D.
3
Don't want non-native plants on
site. Provide a Landscaping Plan
A conceptual landscaping plan was created for
the Laveen Planning Commission, showing that
native southwestern plants will be used within
the retention basin along the southern property
line for screening.
Added type of
screening
vegetation in
retention basin to
Narrative
Provide screening to block the lights
of autos in the parking lot to Carver
Road
A conceptual landscaping plan was created for
the Laveen Planning Commission, showing that
native southwestern plants within the retention
basin will be used to screen the parking lot.
However, the block wall will provide much
better screening for the lights of cars in the
parking lot than the native southwestern plants
will.
None
Driveway should accommodate two
lanes of traffic
A 30-foot easement, 15-foot each side of the
easterly property line, is already existing.
However, a 24-foot access and public utility
easement was recorded, connecting with the
intersection of 44th Avenue and Carver Road.
Recorded 24-foot
access and utility
easement, added to
G&D
There should be "No Parking" signs
along the driveway
Added "No Parking" signs along driveway to
Narrative
Added "No Parking"
signs along
driveway to
Narrative
Driveway should have landscaping
Nothing can be in an easement that blocks the
use of the easement (See Maricopa County
Roadway Design Manual Sections 5.25, 9.22).
None
There should be adequate parking
onsite for all
Valet parking will be provided when needed in
order to maximize onsite parking space and
prevent overflow
None
4
Concerns about grading & drainage
impact
Per Maricopa County Zoning Ordinance (MCZO)
Section 1205.7.6, our site will collect and retain
the rainwater that falls on the site. The onsite
retention system will also collect the sediment
runoff. The County requires that the sediment
that runs off of the site be collected before
exiting the property (MCZO 1205.7.6, Drainage
Policies and Standards Section 3.6). By
regulation, no more (and no different) sediment
can run off of the site than did before the
development. The requirements to collect and
retain the rainwater and the sediment are for
commercial uses. Therefore, this development
will be much cleaner and better for the area
than any single family homes. The single family
homes that this area is zoned for are not
required to provide any stormwater retention
or sediment treatment. Therefore, the
neighboring properties will be better off with
our project on the hill than they would be if
regular single family homes were built on our
site.
None
Fire Protection for the site,
including location and size of the
water source, water tank, access,
and so forth
A City of Phoenix waterline will be extended to
provide water for fire protection to the site.
City of Phoenix
waterline extension
Well location and water usage
A City of Phoenix waterline will be extended to
provide water to the site.
City of Phoenix
waterline extension
Provide evidence that a septic
system will work onsite
An engineer reviewed seven currently operating
septic systems on the same side of the same
mountain, at the same elevations, to see if a
septic system is viable onsite. Based on these
currently operating septic systems and their
design factors, a septic system is viable for the
venue. Provided information to Laveen Planning
Commission.
None
Show the location of the owner's
cottage on the site
Owner's cottage is labeled on the G&D
None
Provide a Contour Map of the site
Contours are provided on the G&D
None
5
Provide elevations of the buildings
from the perspective of someone
standing at Carver Road
Provided building elevation exhibit to Laveen
Planning Commission showing current site
design
None
Provide a cross-section of the tower
so that we can see its height relative
to the ground it is on.
Created cross-section of current design layout
and provided to Laveen Planning Commission
None
Why put this venue on the quiet
side of the mountain?
The nearby mountains reflect the colors of the
sunset as the sun goes down, while the valley
floor is lushly screened. The current property is
ideal due to the elevated location with views of
the surrounding mountains; the northern
European building architecture and the
landscaping create a romantic atmosphere that
is within 15 - 20 minutes of the city but appears
to be in another place and time.
None
Carver Road is narrow and poorly
maintained, full of potholes
Carver Road is a MCDOT-maintained minor
collector with 80 feet of right-of-way width, and
has been maintained including periodic re-
surfacing.
None
Are turn lanes needed?
A Traffic Study was submitted as a component
of this project to Maricopa County, and MCDOT
Traffic's only requirement was to connect the
driveway to the intersection of 44th Avenue
and Carver Road. Turn lanes were not required
or recommended as a part of the MCDOT Traffic
review.
None
Will the parcel between the venue
and Carver Road become another
commercial parcel? Will it be
purchased by the venue for open
space?
Although the venue is interested in purchasing
the property to the south, the southern
property may or may not be purchased by the
venue owner due to economic factors in the
future.
None
There must absolutely be no
amplified music anywhere on the
site outside of the buildings.
Acoustic music - acoustic guitars,
string instruments, vocalists with no
microphones—all of this is okay.
But no amplified music anywhere
outside the sound-proofed
buildings.
Accepted no amplified music outside of
buildings requirement
Added no amplified
music outside of
buildings
requirement to
Narrative
6
We are worried about sound from
the buildings.
The main doors from the ballroom to the
parking lot will be eliminated. All ballroom
doors to the side of the building will be
screened with walls and/or landscaping to help
deaden sound.
Agreed to remove
ballroom main
doors to south
(towards parking
lot). Showed
landscaping around
doors to the east
and north on
conceptual
landscaping plan for
Laveen Planning
Commission.
Will catering be done in an onsite
kitchen?
Set-up space will be provided to caterers, but
no onsite catering is currently planned for this
venue.
None
Will there be refrigeration trucks
idling in the parking lot?
No. A large van is enough to provide the food
for a large event. The food is typically brought
hot in rolling insulated cabinets that hold trays
of food. Seldom is there any refrigerated food
provided, and that is typically kept on bags of
ice provided by the caterer.
None
Show details of the monument sign.
There will be no monument sign. The venue
owner does not own the property that is
adjacent to Carver Road.
None
The venue should be more than an
expanse of stucco. It should have
exposed beams, use of stone and
brick, insets and architectural relief,
step-in and step-out to create
shadows and visual relief, muted
colors to blend in with the
mountainside.
The venue will have knee-braces, exposed
beams, and other architectural details to create
the architectural ambiance of old-world charm,
elegance, and romance. Accents of slate and
stone textures will be used to emphasize this
ambiance. The buildings and wall will
incorporate desert palates, including mixtures
of subtle wispy blue and lighter grey that blend
into the surroundings and the Arizona sky.
None
Move the trash enclosure to the
northeast corner of the site
The trash enclosure will be moved to the
northeast corner of the site.
Moved the trash
enclosure to the
northeast corner of
the site on the G&D
Planning and Development Department
DATE:
September 23, 2021
TO:
Planning and Zoning Commission
FROM:
Martin Martell, Planner
SUBJECT:
Z2019134 – Enchanted Garden
Agenda Item: #1
Since the publication of the staff report for the above listed case, staff discovered a
discrepancy with condition ‘e.3’ related to fencing. This condition should also include
required fencing along the west property line. Shown below is existing language and staff
recommended changes in legislative edit format (eliminated language shown
strikethrough and new language underlined and bolded).
e.
The following Hillside and Rural-43 development standards shall apply:
3.
Allow use of six-foot tall wrought iron fences without screening
materials along the south and east property lines property line and
along 145-feet of the east and west property lines from the south
property line northwards, then six-foot high solid block wall
extending north on both these sides up to and including the north
boundary line.
Additionally, since the publication of the staff report for the above listed case, the
applicant’s legal counsel has presented staff with a list of concessions that was worked
out with the Laveen Planning Commission. Based on this list of concessions staff will be
adding two additional conditions ‘k’ and ‘l’, shown below in legislative edit format (new
language underlined and bolded).
k.
There shall be no outdoor amplified music or live performances and the
south doors of the reception hall shall be closed during events.
l.
The east side doors of the reception hall shall be screened by walls and
dense landscaping for sound mitigation.
Staff recommends the Commission motion for approval subject to conditions ‘a’ – ‘l’ as
listed in paragraph 16 of the staff report with staff recommended modification to
condition ‘e.3’ and addition of conditions ‘k’ and ‘l’ as presented.
Attachments:
Applicant’s legal counsel letter (2 pages)
Enhanced site plan (1 page)
Site aerial exhibit (1 page)
Dear Councilmembers,
Next week, on the 23rd, my client has a project before you for consideration, called Enchanted Garden,
a wedding/event center, on Carver Road, in the Laveen area. I’ve attached an aerial to ease your
review, along with a site plan.
After my client, Carmen Eggleston, had begun to work on this matter with County Staff, I was engaged
to work with the Laveen Citizens for Responsible Development Committee (the “Laveen Planning
Committee”), as a great deal of misinformation was beginning to circulate. It is fortunate that the
Laveen area has such a committee, who are dedicated to the interests of Laveen, while willing to work
with applicants in a reasonable fashion. I held two meetings with some of the Laveen Planning
Committee members, each time responding to comments they offered, and finally reaching agreement
relating to the development of Enchanted Garden. I also offered to attend a formal meeting of the
Laveen Planning Committee, but that offer was never acted upon.
I am pleased to offer to you the list of concessions which my client made to the Laveen Planning
Committee, in response to their concerns. Staff has added some stipulations of their own. We are in
agreement with Staff’s stipulations, though I will offer a couple of requested tweaks to those, below.
First, the list of concessions:
1. There will be no amplified music outside at Enchanted Garden.
2. Sound attenuation will be used in the building to keep sound inside. (See Staff’s stipulation re dB
levels max of 45 at property line.)
3. No doors opening to the south from the ballroom.
4. Side (east) doors to the ballroom shall be screened by walls and landscaping to buffer sound.
5. Hours of operation shall be limited to 8 am to 10 pm Monday - Thursday, and 8 am to 11 pm Friday
and Saturday.
6. No event shall be attended by more than 250 guests.
7. Events attended by more than 150 guests shall have valet parking.
8. The site shall be secured with a perimeter fence/wall. Employees and valets shall actively monitor
activities on the site during events.
9. The driveway shall be paved; the parking area shall be covered with alternate dust-control materials.
10. Final elevations, landscaping plans, and lighting plans will be submitted to the Laveen Planning
Committee before issuance of building permits.
11. Open wrought iron fencing (with snake fencing attached) on top of a low block footing wall, shall be
placed on the south side and southern east and west sides of the site perimeter, as depicted on the site
plan; a solid block wall shall be placed on the north side and northern east and west sides of the site
perimeter, also as depicted on the site plan.
12. A Phoenix water line shall be extended to the site to address fire and well supply concerns.
13. Architectural details of the building shall include knee braces, exposed beams, and old-world
elements.
14. A desert color palette shall be used, including wispy blues and light greys, to blend with sky tones.
This list evidences extensive efforts by the Laveen Planning Committee to identify concerns, and
extensive efforts by the applicant to accommodate and address those same concerns. This facility will
be a jewel for the area, a place area residents will want to use for important life and family events. It
will be a beautiful addition to the area. It will be a responsible neighbor, keeping impacts to a minimum,
by implementing the concessions asked for and given.
To date, there is only one letter of opposition, and it was sent in January of 2020, before I began my
work with the Laveen Planning Committee. We have detected no social media opposition activity since
we’ve begun our work.
My Suggested Tweaks:
The applicant asked for 15 years for this SUP, but now, with the concessions and their added cost, my
client will need more time before beginning development. (In fact, my client will not be able to afford
building the on-site residence at first.) With the delay added by the need to gather the needed funding,
my client requests the SUP period be 20 years, rather than 15.
The Staff Report stipulation relating to perimeter wall does not reflect the strong request by the Laveen
Planning Committee, described in Concession #11 above. We ask that we be stipulated to the perimeter
wall/fence described in #11 above.
I will be pleased to speak with you directly should you have any questions or comments or suggestions
for me relating to this request. Thanks so much—Rod Jarvis
Rodney Q. Jarvis
Partner
Earl & Curley
(602) 265-0094
3101 N. Central Avenue
Suite 1000
Phoenix, Arizona 85012
www.earlcurley.com
This message and any and all attachments may be confidential and/or privileged. If you are not the intended recipient, you are hereby notified
that any dissemination, duplication, retention, or unauthorized use of this information is strictly prohibited and no privilege has been waived by
your inadvertent receipt. Please notify the sender immediately and then completely delete this message and any and all attachments. Thank
you.
SITE PLAN
LOCATION
Planning and Development Department
DATE:
September 23, 2021
TO:
Planning and Zoning Commission
FROM:
Martin Martell, Planner
SUBJECT:
Z2019134 – Enchanted Garden
Agenda Item: #1
Since the publishing of the staff report for the above case, staff received two letters of
opposition to the case from an area residents. The letters have been attached to this
handout. Their opposition regarding this request is how this development will impact the
adjacent neighborhoods to this site in regard to noise pollution and potential traffic
congestion prior/after each event.
Attachment:
2 letters of opposition (4 pages)
Talking points to Zoning Committee
09-23-2021
100% residential not even a circle K
ADA
They talk about the 40 foot tower, bride and groom comes up separate sides handy cap
accusable? EYE Sore!! (No plan)
Parking for handy-cap people/cars or vans (no plan)
Loose gravel walking a challenge
Large Tent, very limited flat surface, Eye Sore for those of us that own $500,000 and up homes
250 attendee’s requirement/emergency accessible? (no plan)
Water retention from tent and parking lot, trailer for portable facilities (no plan)
NO means of providing utilities Water for future residence’s Waste
Trash removal, Trash on streets
Very limited roads to arrive and depart (2) single lane each way
Traffic on our roads, two of which are dead ends!
All of the residents abide by set backs, there is no presidencies to change them
Music?? Every night Non English? Loud till midnight we are a working neighborhood and
require rest!
Disrupting our neighborhood
Roy & Judy Kruegel
40 + year resident of this valley
Zoning and Planning Commission Case Number 20191354
Enchanted Garden
Objections to Special Use Permit
Hearing 9/23/2021
Dear Commissioner’s,
I object to the request for a Special Use Permit to allow the building and operation of a party
venue in my neighborhood. The proposal is a blatant attempt to misuse the Special Use Permit
process to circumvent the current R-43 Zoning and to permit a commercial project in a rural
residential neighborhood. The project is flawed and should be denied.
The proponents of this project are requesting numerous variances in order to make the project
remotely feasible. These include extending the time frame for the permit from 10 years to 15
years because it will take five years to complete construction of the project. There is no
explanation for this great length of time needed but it can be assumed that lack of money is the
main factor. This obviously raises concerns of the project being started then left undone or
being finished, and the business failing leaving an unusable unsightly mess on the mountain, a
smaller version of the “quarry” on the eastern edge of Carver Mountain.
This request for a Special Use Permit is not from someone who lives in the area, already lives on
the property and has most of the infrastructure and buildings, but a project on a raw piece of
land where building and infrastructure has to start from nothing. There are too many
unanswered questions to approve the project. The person proposing the venue is not even the
owner of the property.
Proponents are also requesting a variance to increase the amount of the mountain they can
bulldoze down. Again, the property and the Zoning do not support the plan proposed. A
variance to allow more of the mountain hillside to be destroyed should not be granted. The
proposal is not suitable for the site and the current zoning.
Proponents want a variance to construct a 44 foot tall “tower”, a completely unnecessary
eyesore for the neighborhood and not in conformance with the neighborhood or zoning.
Proponents should find a site that is suitable for their needs, and does not violate zoning or
community standards.
The plan as outlined does not address issues such as rainwater runoff from the mountain.
Those of us who live in the area know that during particularly heavy rainstorms a very large
amount of water comes off Carver Mountain. There is no plan for ensuring that the rainwater
goes where it is supposed to and does not flood the neighborhoods.
The plan does not address the specifics of the septic system, or whether a septic system is even
feasible considering the hundreds of people a day it would need to accommodate and the
property itself as it is on the mountain side.
The plan says the project would take 5 years to complete, will be done in stages, and requests
again a variance to allow for a Special Use Permit for 15 years instead of the normal 10. There is
no schedule for construction, no estimate of anything nor any hint of whether the venue would
expect to be operational at any time during the construction and what that would look like or
how it would affect the surrounding neighborhood.
There is no need for another party venue on Carver Mountain. There are already several
wedding/party venues in the area and there is no need for a high risk project that serves no
purpose for the neighborhood, is a high risk business venture and could potentially leave the
site damaged and unfinished.
Impact on the Neighborhood
1. The proposed project will permanently alter the character of the neighborhood, which is a
unique rural/residential oasis nestled between the far western edge of South Mountain and
Carver Mountain. The area is zoned R-43, as is the site for the proposed party venue, and the
area residents enjoy the quiet and solitude with their horses, goats, children and other
amenities that come with a semi-rural lifestyle.
2. The neighborhood is extremely quiet and tranquil and offers value to Maricopa County as
one of the unique, diverse neighborhoods that attract people to live in the County. It stands in
stark contrast to the hundreds (or thousands) of other “cookie cutter” neighborhoods in the
County. The neighborhood, along with Carver Mountain and South Mountain themselves,
deserves to be preserved.
3. The proposed party/wedding venue will bring an inevitable end to the tranquil neighborhood
by imposing a commercial enterprise on its residents, along with the accompanying noise,
traffic and intrusions into the neighborhood that a party venue expected to regularly host 250
people will do.
4. The party venue will not benefit any resident of the area, but the resultant, inevitable noise,
traffic, light pollution, etc. will violate resident’s fundamental right to the enjoyment of the
quiet, peace and tranquility of their property.
The Party Venue Will have Specific and Direct Negative Impacts on the Neighborhood
1. Increased traffic which will cause backups, traffic jams, and delays for the residents. The
proposed party venue is located on the only main road in and out of the neighborhood. It is a
single lane in each direction and there are only small neighborhood streets that intersect in the
area near the proposed venue.
2. The nature of the proposed business is to have multiple events at scheduled intervals . With
250 + people arriving and leaving at the same time, and up to six or so times a day. They will all
be coming and leaving at exactly the same time, causing inevitable delays and traffic backups
and increased chance of accidents. Residents frequently walk, bike ride, and horseback ride in
the area and the increased traffic (possibly of people under the influence of alcohol) puts
residents in danger. The increased traffic (at times perhaps not known to residents) could cause
delay of people trying to get to work, or even delay lifesaving first responders racing to save a
life. There will also be additional traffic due to caterers, suppliers, etc.
3.. The increased traffic will cause additional dust and noise which will also impact the ability of
residents to enjoy their property.
4. There will inevitably be overflow parking clogging our neighborhood streets. The proposal
only includes 114 parking places, with 3 handicapped spots. This is not nearly enough to
accommodate the expected attendance at the parties. This means that party goers will be
parking in the neighborhood and driving through the neighborhood streets. Weddings and
parties include alcohol, and intoxicated people will be driving and walking through the
neighborhood on a regular basis endangering residents and their animals in addition to causing
general disruption to the peace of the neighborhood.
5. Noise. It is inevitable that 250 + party goers will create a lot of noise. Shockingly, the
Proponents of this project plan to “direct the noise to the south” to supposedly prevent the
noise from echoing from the mountain. (As noise travels outward in all directions it is doubtful
this plan would succeed) My house, as well as my neighbors, is directly south of the proposed
site and it is horrifying that their plan is to direct their noise onto my property. I have a right to
the enjoyment of my property and the proponents of this party venue hope to take that from
me and my neighbors.
6.. The proposal states that the party venue would be operational from 8 am to 10 pm
weekdays and 8 am to 11 pm weekends. This means that I and my neighbors can be subjected
to the noise and disruption from the parties all day every day and until 11:00 at nights on the
weekends. The caveat that the parties will be mostly on Saturdays is not comforting as Saturday
and the rest of the weekend is when I have the time to enjoy the peace and quiet of my house.
Diane Leos
4327 W. Calle Poco
Laveen, 85339
(480) 980-2974
Diane2302@yahoo.com
From:
nicole glasgow
To:
Rachel Applegate (PND)
Subject:
oppose case Z2019134
Date:
Wednesday, September 22, 2021 1:58:34 PM
To Whom It May Concern:
I am in strong opposition of case Z2019134. This is a neighborhood not a place for a venue to have 250
people events every weekend night. This will be a blank check approval since building will not be
complete for 5 years. I do not agree with giving them a variance for the permit to last 15 years just
because building will take 5 years; it should remain at 10 years and then they can reapply for another 10
year special use permit like everyone else. Not to mention all the other variances that this applicant is
requesting also. By granting all the variances, you are setting a precedence for the area for others to get
the same variances approved. I am most opposed to the 40 ft variance for a tower. If they need
something that tall so people can find their location, maybe it is not a good place to build a wedding
venue because it is in a neighborhood. There are also very limited roads for 250 people to arrive and
depart on - all of them being single lane each way. What are the plans for trash removal? This is going to
result in more trash in the neighborhood on the streets and on the mountain. The large tent which will be
allowed for up to 5 years will be an eye sore for the community. This venue is going to bring property
values down and make our large lot custom home properties less desirable because future owners will
not want to live where they know they are going to have to deal with a venue of 250 people every
weekend. How are they going to limit the noise from the music until their buildings are built and they are
in a tent? So many questions about this 5 year period because building is complete. They can not honor
all the requirements that they are listed out until all the buildings are built so again what happens to those
requirements while they are using tents. There should be a limit of the number of times this venue can be
used for an event or half of the 250 required until the buildings are built if this is approved. We some
unique issues with this area like water, power, septic tanks, trash removal. Are there plans that address
all of these issues for 250 people? This is a cop out by applying for a special use permit instead of a
commercial rezoning. Is there ways to revoke the permit if they are aren't following the approved
stipulations? Again they are asking for a permit for 15 years....this is something that does not fit our
neighborhood and would work better on a flat surface with major roadways leading to it in a commercial
area.
Sincerely,
Nicole Glasgow
3717 W Carver Rd
Laveen, AZ 85339
From:
nicole glasgow
To:
Rachel Applegate (PND)
Subject:
oppose case Z2019134
Date:
Wednesday, September 22, 2021 1:59:36 PM
To Whom It May Concern:
I am in strong opposition of case Z2019134. This is a neighborhood not a place for a venue to have 250
people events every weekend night. This will be a blank check approval since building will not be
complete for 5 years. I do not agree with giving them a variance for the permit to last 15 years just
because building will take 5 years; it should remain at 10 years and then they can reapply for another 10
year special use permit like everyone else. Not to mention all the other variances that this applicant is
requesting also. By granting all the variances, you are setting a precedence for the area for others to get
the same variances approved. I am most opposed to the 40 ft variance for a tower. If they need
something that tall so people can find their location, maybe it is not a good place to build a wedding
venue because it is in a neighborhood. There are also very limited roads for 250 people to arrive and
depart on - all of them being single lane each way. What are the plans for trash removal? This is going to
result in more trash in the neighborhood on the streets and on the mountain. The large tent which will be
allowed for up to 5 years will be an eye sore for the community. This is something that does not fit our
neighborhood and would work better on a flat surface with major roadways leading to it in a commercial
area.
Sincerely,
Thomas Glasgow
3717 W Carver Rd
Laveen, AZ 85339
•Planning & Zoning Commission hearing date: SEPTEMBER 23, 2021 •Agenda item and case number:
ITEM #3 CASE# Z2019134
• Tracie Riggs
• 7220 S 27th Ave
• tkriggs@asu.edu
• 602-793-0038
I am in opposition to this agenda item.
I live 3 houses down from a wedding venue and wouldn’t want another residential neighborhood
dealing with the issues we face. We get drunk people wandering up and down the road. We had to build
a gate as people came onto our property...including an intoxicated Phoenix police officer who decided
he could cite city code to justify trespassing! They set off fireworks without notification. Music plays all
through the evening, and they operate all through the week.
This is a residential neighborhood. A commercial operation has NO business intruding into this area. The
whole community is against this. Please listen!
Date: Wed, Sep 22, 2021, 2:31 PM
Subject: Planning and zoning hearing Sept 23, item #3, case #Z2019134
• Planning & Zoning Commission hearing date
SEPTEMBER 23, 2021
• Agenda item and case number
ITEM #3 CASE# Z2019134
• Name: tiah Bialik
• Address: 11620 S 44th Ave, Laveen Village, AZ 85339
• e-mail: tiah.sonny@gmail.com
• phone number: 8596204215
I am in OPPOSITION to this proposal!! I have no idea who in their right mind would think putting a WEDDING
VENUE in the middle of a neighborhood (where there is no city water or sewer!) is a good idea but it's not. It's a
terrible idea. For everyone involved. It MUST NOT BE ALLOWED.
Zoning and Planning Commission Case Number 20191354
Enchanted Garden
Objections to Special Use Permit
Hearing 9/23/2021
I object to the request for a Special Use Permit to allow the building and operation of a party
venue in my neighborhood. The proposal is a blatant attempt to misuse the Special Use Permit
process to circumvent the current R-43 Zoning and to permit a Commercial project in a rural
residential neighborhood. The project is flawed and should be denied.
The proponents of this project are requesting numerous variances in order to make the project
remotely feasible. These include extending the time frame for the permit from 10 years to 15
years because it will take five years to complete construction of the project. There is no
explanation for this great length of time needed but it can be assumed that lack of money is the
main factor. This obviously raises concerns of the project being started then left undone or
being finished, and the business failing leaving an unusable unsightly mess on the mountain, a
smaller version of the “quarry” on the eastern edge of Carver Mountain.
This request for a Special Use Permit is not from someone who lives in the area, already lives on
the property and has most of the infrastructure and buildings, but a project on a raw piece of
land where building and infrastructure has to start from nothing. There are too many
unanswered questions to approve the project. The person proposing the venue is not even the
owner of the property.
Proponents are also requesting a variance to increase the amount of the mountain they can
bulldoze down. Again, the property and the Zoning do not support the plan proposed. A
variance to allow more of the mountain hillside to be destroyed should not be granted. The
proposal is suitable for the site and the current zoning.
Proponents want a variance to construct a 44 foot tall “tower”, a completely unnecessary
eyesore for the neighborhood and not in conformance with the neighborhood or zoning.
Proponents should find a site that is suitable for their needs, and does not violate zoning or
community standards.
The plan as outlined does not address issues such as rainwater runoff from the mountain.
Those of us who live in the area know that during particularly heavy rainstorms a very large
amount of water comes off Carver Mountain. There is no plan for ensuring that the rainwater
goes where it is supposed to and does not flood the neighborhoods.
The plan does not address the specifics of the septic system, or whether a septic system is even
feasible considering the hundreds of people a day it would need to accommodate.
The plan says the project would take 5 years to complete, will be done in stages, and requests
again a variance to allow for a Special Use Permit for 15 years instead of the normal 10. There is
no schedule for construction, no estimate of anything nor any hint of whether the venue would
expect to be operational at any time during the construction and what that would look like or
how it would affect the surrounding neighborhood.
There is no need for another party venue on Carver Mountain. There are already several
wedding/party venues in the area and there is no need for a high risk project that serves no
purpose for the neighborhood, is a high risk business venture and could potentially leave the
site damaged and unfinished.
Impact on the Neighborhood
1. The proposed project will permanently alter the character of the neighborhood, which is a
unique rural/residential oasis nestled between the far western edge of South Mountain and
Carver Mountain. The area is zoned R-43, as is the site for the proposed party venue, and the
area residents enjoy the quiet and solitude with their horses, goats, children and other
amenities that come with a semi-rural lifestyle.
2. The neighborhood is extremely quiet and tranquil and offers value to Maricopa County as
one of the unique, diverse neighborhoods that attract people to live in the County. It stands in
stark contrast to the hundreds (or thousands) of other “cookie cutter” neighborhoods in the
County. The neighborhood, along with Carver Mountain and South Mountain themselves,
deserves to be preserved.
3. The proposed party/wedding venue will bring an inevitable end to the tranquil neighborhood
by imposing a commercial enterprise on its residents, along with the accompanying noise,
traffic and intrusions into the neighborhood that a party venue expected to regularly host 250
people will do.
4. The party venue will not benefit any resident of the area, but the resultant, inevitable noise,
traffic, light pollution, etc. will violate resident’s fundamental right to the enjoyment of the
quiet, peace and tranquility of their property.
The Party Venue Will have Specific and Direct Negative Impacts on the Neighborhood
1. Increased traffic which will cause backups, traffic jams, and delays for the residents. The
proposed party venue is located on the only main road in and out of the neighborhood. It is a
single lane in each direction and there are only small neighborhood streets that intersect in the
area near the proposed venue.
2. The nature of the proposed business is to have multiple events at scheduled intervals . With
250 + people arriving and leaving at the same time, and up to six or so times a day. They will all
be coming and leaving at exactly the same time, causing inevitable delays and traffic backups
and increased chance of accidents. Residents frequently walk, bike ride, and horseback ride in
the area and the increased traffic (possibly of people under the influence of alcohol) puts
residents in danger. The increased traffic (at times perhaps not known to residents) could cause
delay of people trying to get to work, or even delay lifesaving first responders racing to save a
life. There will also be additional traffic due to caterers, suppliers, etc.
3.. The increased traffic will cause additional dust and noise will which also impact the ability of
residents to enjoy their property.
4. There will inevitably be overflow parking clogging our neighborhood streets. The proposal
only includes 114 parking places, with 3 handicapped spots. This is not nearly enough to
accommodate the expected attendance at the parties. This means that party goers will be
parking in the neighborhood and driving through the neighborhood streets. Weddings and
parties include alcohol, and intoxicated people will be driving and walking through the
neighborhood on a regular basis endangering residents and their animals in addition to causing
general disruption to the peace of the neighborhood.
5. Noise. It is inevitable that 250 + party goers will create a lot of noise. Shockingly, the
Proponents of this project plan to “direct the noise to the south” to supposedly prevent the
noise from echoing from the mountain. (As noise travels outward in all directions it is doubtful
this plan would succeed) My house, as well as my neighbors, is directly south of the proposed
site and it is horrifying that their plan is to direct their noise onto my property. I have a right to
the enjoyment of my property and the proponents of this party venue hope to take that from
me and my neighbors.
6.. The proposal states that they party venue would be operational from 8 am to 10 pm
weekdays and 8 am to 11 pm weekends. This means that I and my neighbors can be subjected
to the noise and disruption from the parties all day every day and until 11:00 at nights on the
weekends. The caveat that the parties will be mostly on Saturdays is not comforting as Saturday
and the rest of the weekend is when I have the time to enjoy the peace and quiet of my house.
Other concerns:
They talk about the 40 foot tower, bride and groom comes up separate sides handy cap
accusable? EYE Sore!! (No plan)
Parking for handy-cap people/cars or vans (no plan)
Loose gravel walking a challenge
Large Tent, very limited flat surface, Eye Sore for those of us that own $500,000 and up homes
250 attendee’s requirement/emergency accessible? (no plan)
Water retention from tent and parking lot, trailer for portable facilities (no plan)
NO means of providing utilities Water for future residence’s Waste
Trash removal, Trash on streets
Very limited roads to arrive and depart (2) single lane each way
Traffic on our roads, two of which are dead ends!
All of the residents abide by set backs, there is no presidencies to change them
Music?? Every night Non English? Loud till midnight we are a working neighborhood and
require rest!
Disrupting our neighborhood
September 22, 2021
Planning and Zoning Commission
301 W. Jefferson St., 1st Floor, Suite 170
Phoenix, Arizona 85003
Hearing Date: Thursday, September 23, 2021 at 9:30 AM
Agenda Item: Enchanted Garden
Case Number: Z2019134
Applicant in Opposition
Lynn Davis-I am in OPPOSITION to Enchanted Garden
4303 W. Calle Poco Laveen, AZ 85339
lyndavis19@aol.com
480-694-9780
I wish to speak
Rachel.Applegate@Maricopa.Gov
Attn. Rachel Applegate of Zoning Hearing September 23, 2021 at 9:30 AM:
The residents of this community strongly OPPOSE and OBJECT to Agenda
Item Enchanted Garden which is Case Number Z2019134, which is a
request for a Special Use Permit (SUP) for public assembly to accommodate
a wedding/event facility in the Rural-43 zoning district generally located 700’
northwest of the northwest corner of Carver Rd. and 43rd Ave. in the Laveen
area, because this Special Use Permit is in direct violation of the purpose of
this District, which is designed to encourage, preserve, and protect the
historical, rural, and agricultural character of the area.
A commercial wedding/event facility in the proposed location on Carver will
be detrimental to the residents of this area. The proposed commercial
venture will significantly increase traffic, noise, vehicle emissions, pollution,
water drainage, and sewer issues, unruly and inebriated visitors, and crime
to the area. The proposed 40-foot tower will be an eyesore against the
backdrop of majestic trees and the green, serene landscape of this rural
area. The addition of the lighting needed to illuminate this commercial
venture along with the rowdy crowds will transform the night sky and the
tranquil community from a peaceful, star-filled, moonlight paradise, to a sky
resembling the blinding lights of a major athletic stadium filled with screaming
fans.
The proposed commercial development will significantly increase the
population and vehicular traffic; thus, creating a traffic nightmare, and place
pedestrians, beloved pets, and horseback riders using this tiny two-lane
section of Carver Road in danger of pedestrian and pet fatalities. The trees,
green grass, natural vegetation, and landscaping will be replaced by
concrete, asphalt, glass, and steel, thus contributing to even hotter
temperatures and a concrete jungle along this small, concentrated area of
Carver Road.
Developing the site in this manner will adversely affect the residents; and
open the floodgates to other objectionable commercial ventures; that will
destroy this quiet, peaceful environment, and the surrounding community.
Deleterious factors such as overpopulation, traffic congestion, pollution,
water and sewage issues, vehicular homicides from intoxicated drivers,
elimination of natural vegetation, and excessive temperatures will be the
result of this proposed commercial development. The character of the
neighborhood should remain single-family residences with acre-plus lots
filled with trees, flowers, green grass, citrus trees, beloved pets, horses,
livestock, and poultry.
Agenda Item Enchanted Garden which is Case Number Z2019134 SHOULD
NOT BE APPROVED because the reasons for the Special Use Permit to
develop a wedding/event facility in the middle of a small rural community is
not feasible and does not protect or safeguard the community, the
environment, and the public.
Thank You
Hello Ms Applegate,
I'm writing concerning the Planning & Zoning Commission hearing date
SEPTEMBER 23, 2021, 9.30.
The Agenda item and case number, ITEM #3 CASE# Z2019134
Ines Hughes
4206 W Carver Rd, Laveen Village, AZ 85339
ines.hughes@gmail.com
602/451/6212
I'm opposed to this case.
There are many issues that arise from this case.
This is a residential, very quiet rural neighborhood. We have no commercial activities and our roads are
not suited for the additional traffic. The business will broadcast music throughout the valley at all hours
of the day and evening. We are between South Mountain and Carver and the sound echos back and
forth which amplifies every sound. The 40 foot tower stands out as an abomination in this area and
simply doesn't fit with anything else.
The construction plan doesn't account for dust and since it is drawn out over a long period of time we
will have a constant construction area.
Noise, traffic, visual abominations, construction and dust all in a small residential neighborhood speak
against this case.
Please support our neighbourhood with their concern and do not approve this.
I do not wish to speak.
Thank you,
Ines Hughes
Dear Commission,
I have a few issues to address,
Allowing a permit from 10 to 15 years, They state it could take a while to complete. We do not
want to listen to construction off and on for
an undetermined amount of time. If for some reason it does not get completed the mountain
will be destroyed.
Traffic is another issue.
The entrance and exit to the venue are showing at 43rd avenue and Carver road across from
our neighborhood. Carver and 43rd avenue are narrow roads so not set up to handle extra
traffic.
In our neighborhood 43rd avenue has two dead end streets on it with the only way out via Calle
Poco going east.
People leaving the venue, possibly under the influence of alcohol, can end up in our
neighborhood late at night, causing more unwanted traffic, possibly property damage, and
noise as they try to figure their way out.
Parking will be an issue if there is overflow into our neighborhood.
Rainwater will be an issue as we get large volumes of water off of Carver mountain that
currently flows down Carver road.
Putting a structure in front of our neighborhood will affect the way water flows, possibly
pushing it into our neighborhood.
What are their plans to control this?
Noise
Putting up to 250 people in the area will be noisy regardless of steps taken. The mountain is a
natural amplifier of sound and will
push it right into our neighborhoods. I nor my neighbors do not want to listen to music until 10-
11 am every night.
We like our nice quiet community.
Lights
Having this venue will create much unwanted light pollution in the neighborhood.
We in the Orange Grove community love our quiet and friendly community.
In the mornings and evening it is very quiet, at night you can see the stars as if you were up in
the mountains.
Part of living here is having Carver mountain buffer all the noise and light from the greater
Laveen area.
We do not need a lighted structure with amplified music on Carver mountain.
This event venue will take that all away and diminish our property values.
Thank you for your time,
David Lee
4419 West Calle Poco
Laveen,AZ 85339
Conserving Rural Laveen!
To Whom It May Concern:
I strongly oppose the special use permit on Carver Rd and 43rd Ave for a wedding venue (case #
Z2019134). The size of the venue does not belong in a residential neighborhood. The fact that they have
to request several variances means that it is not suited for the area. They are essentially asking for a
blank check since nothing is built already. Also, by approving these variances you are setting a new
precedent for the area. We do not want buildings taller than 30 feet that will obstruct the view and
ambiance of the area.
We do not need the added traffic of up to 250 people arriving and leaving around the same time of an
event. Our road is enjoyed by all the residents for outdoor activities, especially on the weekends.
Residents of this area ride their horses, ride their ATV’s and mountain bikes on this road during the
weekends along with the walkers and joggers. The increase of cars is putting their lives potentially in
danger since we do not have sidewalks on our road. Not to mention the potential increase in car
accidents due to the road and not knowing all the little curves of the road in the dark. We have had cars
crash in front of our house and 99% of the time we lose power is due to a car accident at the big curve
or the hill on 35th Ave. Not to mention, alcohol will most likely be served at these events.
We moved out here for the quiet atmosphere and the darkness of night with the ability to see the stars.
Both of those are in jeopardy if this venue is built on our road. It is likely to have several lights at the
venue and their parking lot. It is also likely to have loud music as most celebrations do. Sound travels
through the valley out here much further than in the city where buildings and the concrete jungle and
stop the sound.
Another concern is the use of a septic tank and well for this size of venue. In a previous response,
Carmen has stated that an owner of an adjoining property has agreed to share a well. The use of a
shared well for 4 or more events of 250 people a week will drain that well. It potentially will effect the
water table in the surrounding areas for their wells also.
This is a commercial size venue that doesn’t belong in a residential neighborhood. Not to mention there
are several other wedding venues around the area. There is one on the other side of carver mountain
which is better situated because other houses are not in the immediate area. Also, Corona Ranch, venue
at the Grove, and the Secret Garden are all venues that host weddings. Therefore, the need for another
wedding venue is non-existent.
Respectfully,
Nicole and Thomas Glasgow
3717 West Carver Rd
Laveen, AZ 85339
I grew up in Laveen. Went to school here, my parents built their house here to have a better life
for their family. I was able to buy my home in the shadow of Carver Mountain. This was such a
unique area, but in a rush for what some call progress, we are in danger of losing that.
Where fields and horses were, we now have freeways and bill boards. Approval of this venue
on the Mountain will be allowing a commercial enterprise at the expense of the families who
have built their homes and lifestyles on what is quickly becoming a rare dream - dark skies,
quiet country type living, and peace and quiet.
Our roads are not adequate for commercial type traffic. If the plan is to widen the road then is
the plan to take others property to do so, or is it to rip out more of the mountain. I find either
option incredibly selfish.
Once zoning is approved for this wedding venue, it will leave an open door. Should the owners
decide to move on to the next attractive, unique spot - then any other type of business can
come in.
I am 100% opposed to approval of this venue. There are other places this would be appropriate
and successful. It is wrong for those of us living here to have this forced upon us.
Thank you for your consideration.
Juan J.M. Romero
4315 W. Calle Poco
Laveen, Az 85339
romeroracing@msn.com
602- 481-0401
22 September 2021
Planning & Zoning Commission hearing date: SEPTEMBER 23, 2021
Agenda item and case number: ITEM #3 CASE# Z2019134
To whom this may concern:
I’ve been made aware of the Wedding Venue plan anticipated for our area. I am in opposition to
this plan and have outlined my reasoning for this below.
Page 13, Item #2, last two sentences: “The applicant proposes to add dense landscaping
behind these feces as screening. Other than the grass lawn, the landscaping of the site will
entail lush landscaping to create a desert oasis theme.”
o I assume “feces” was meant to be fences. I’m sure this is an oversight – and will
ignore all other errors.
o Lush Landscaping: We live in a desert. We live in a place where water is a
precious commodity. Arizona is well-known to be in & out of drought periods
constantly. Arizona, to my knowledge, has a questionable assurance on the “100-
year water supply”. Unless the venue plans on growing fruits, vegetables and
beneficial native trees, I don’t understand the need for lush landscape. Perhaps
terms defined would be helpful here? Aside from aesthetics, what’s the point of
having a lush landscape and using copious amounts of water for maintenance
when xeriscaping could achieve a pleasing aesthetic effect? Especially since it
isn’t a primary residence? A farm to benefit residents near and far would be much
more ideal. We’re in a desert, not a tropical oasis or paradise-like utopia.
Page 30, Section F. – Circulation System: “Due to the nature of typical guest arrival and
departure patterns, there should be no loss of service along Carver Road.”
o “should be no loss” is what where my issue resides. I strongly recommend several
traffic studies to be completed with an analysis of projected growth projections,
and a 3rd party peer review. “should be” is not an acceptable response as it tells
me either (a) No analysis was completed or (b) an abridged preliminary
observation was done, but nothing is confirmed.
Page 30, Section G – Development Schedule. “Bride and Grooms suites will be
constructed”.
o This has not been identified in the Site Plan on page 45 of the document titled
09232021Plus (2).pdf.
o “suites” – is there an expectation there will be more than one?
o Where is there a comprehensive plan of what the venue will look like within the
next 15 years?
o We realize the ask is to expand the development plan to 20 years taking into
consideration the concessions. A depiction of that plan is advised so local
residents can understand what to expect – even with the use/request/ask of a
Special Use Permit.
Page 31, Section I – Utilities: “Telephone and cable will be provided by Cox
Communications”
o I’m sorry – this is a complete load of crap and makes me very upset. The venue
identifies itself as within bounds of unincorporated Maricopa County, and as such
should be subjected to the identical confines of the existing telephone and cable
availability of the existing residences – like myself, isolated to CenturyLink. Why
should the Wedding Venue be provided a Carte Blanche to high-speed, fiber optic
cable generally offered through Cox Communications, when unincorporated
Maricopa County Neighborhoods, such as Laveen Estates and Laveen Estates
East have not had updates beyond DSL connectivity? The existing residents –
many in the unincorporated areas are using DSL today because no alternative
(sans Satellite) is available. We were under the impression there is a tariff on
upgrading these lines and I’ve brought this issue to Maricopa County’s attention. I
believe the existing residents should experience the benefit of upgraded telephone
and telecommunications before the Wedding Venue. Many of my neighbors have
been here since circa 1975. Why would the Venue be placed as priority over the
existing populous?
Page 43, list of concessions.
o How, exactly, is the community expected to hold the venue accountable to these
“concessions”? How do we hold the establishment accountable?
Are we expected to cotact MCSO each time we suspect a violation
occurred or is occurring?
Are we expected to conduct a head-count for each event?
Define Dust-Control Materials?
Ecological Study: Was an ecological study conducted? I ask because, with the recent
expansion of development we’ve seen an increase in Coyote sightings. While generally
not an issue, I find myself, specifically in the last 18 months, having to “chase away”
coyotes coming close to my home – coyotes in which move to the Carver Mountain
Hill(s). The volume of events since early 2020 have increased more so than the last six
years. Considering the plan is to level an area which is currently sloped and uninhabited
by humans I would expect this issue to increase. Has this been taken into consideration?
Traffic Study update: I propose a continuation on the traffic study. Additional housing
development is underway at the Carver Rd & 35th Avenue Junction, and should also be
taken into consideration. Today, the residents see an increase in traffic congestion
(unrelated to tractors – which was the case ~10 years ago), drivers who are ignorant to
right-of-way rules, and an increase in accidents at the crossroads of 35th Avenue and
Dobbins Road. Seven years ago, I didn’t mind driving that route circa 2014. Today, I
dread driving through that location. The venue will undoubtedly increase the traffic flow
at that intersection. Why is there a commercial establishment going into a residential area
when there is already an issue with traffic?
Flood Control: I would like to see additional studies done for Flood Control
Management. I understand the County has made incredible progress on flood
management though also believe Laveen is not clearly understood and can be taken with
further critical consideration. Vaquero Estates and Dobbins Point Developments were
planned – and on several occasions those basins over-flooded, causing water to backflow,
at least onto Piedmont. You may find some of my neighbors with sandbags from that
period. One next-door to me still does not use their garage due to the flooding from 2014
and remembers the flow of water coming down the street post-monsoon. I do not think
the existing plans including the basins will suffice for the area. A re-design and/or
expansion is recommended.
I apologize in advance if any part of this sounds like a gripe, however it appears the plans which
are presented to the community can benefit from further and deeper vetting. There appears to be
gaps which currently leaves the community rather concerned as to the impact this wedding venue
would provide to the community. Promises are made to a degree, though not much set in stone,
and no tangible community promises and commitment. Hence reason why I am opposed to this
establishment in our community.
Respectfully yours,
Benjamin W. Fisher
4745 West Piedmont Drive
Laveen, AZ 85339-9644
602.617.6143
benjamin_fisher@hotmail.com
Subject: oppose case Z2019134
To Whom It May Concern:
I am in strong opposition of case Z2019134. This is a neighborhood not a place for a venue to have 250
people events every weekend night. This will be a blank check approval since building will not be
complete for 5 years. I do not agree with giving them a variance for the permit to last 15 years just
because building will take 5 years; it should remain at 10 years and then they can reapply for another 10
year special use permit like everyone else. Not to mention all the other variances that this applicant is
requesting also. By granting all the variances, you are setting a precedence for the area for others to get
the same variances approved. I am most opposed to the 40 ft variance for a tower. If they need
something that tall so people can find their location, maybe it is not a good place to build a wedding
venue because it is in a neighborhood. There are also very limited roads for 250 people to arrive and
depart on - all of them being single lane each way. What are the plans for trash removal? This is going to
result in more trash in the neighborhood on the streets and on the mountain. The large tent which will be
allowed for up to 5 years will be an eye sore for the community. This venue is going to bring property
values down and make our large lot custom home properties less desirable because future owners will
not want to live where they know they are going to have to deal with a venue of 250 people every
weekend. How are they going to limit the noise from the music until their buildings are built and they are
in a tent? So many questions about this 5 year period because building is complete. They can not honor
all the requirements that they are listed out until all the buildings are built so again what happens to those
requirements while they are using tents. There should be a limit of the number of times this venue can be
used for an event or half of the 250 required until the buildings are built if this is approved. We some
unique issues with this area like water, power, septic tanks, trash removal. Are there plans that address
all of these issues for 250 people? This is a cop out by applying for a special use permit instead of a
commercial rezoning. Is there ways to revoke the permit if they are aren't following the approved
stipulations? Again they are asking for a permit for 15 years....this is something that does not fit our
neighborhood and would work better on a flat surface with major roadways leading to it in a commercial
area.
Sincerely,
Nicole Glasgow
3717 W Carver Rd
Laveen, AZ 85339
Subject: oppose case Z2019134
To Whom It May Concern:
I am in strong opposition of case Z2019134. This is a neighborhood not a place for a venue to have 250
people events every weekend night. This will be a blank check approval since building will not be
complete for 5 years. I do not agree with giving them a variance for the permit to last 15 years just
because building will take 5 years; it should remain at 10 years and then they can reapply for another 10
year special use permit like everyone else. Not to mention all the other variances that this applicant is
requesting also. By granting all the variances, you are setting a precedence for the area for others to get
the same variances approved. I am most opposed to the 40 ft variance for a tower. If they need
something that tall so people can find their location, maybe it is not a good place to build a wedding
venue because it is in a neighborhood. There are also very limited roads for 250 people to arrive and
depart on - all of them being single lane each way. What are the plans for trash removal? This is going to
result in more trash in the neighborhood on the streets and on the mountain. The large tent which will be
allowed for up to 5 years will be an eye sore for the community. This is something that does not fit our
neighborhood and would work better on a flat surface with major roadways leading to it in a commercial
area.
Sincerely,
Thomas Glasgow
3717 W Carver Rd
Laveen, AZ 85339
I am writing this letter in OPPOSITION of this proposed plan on behalf of my self and a couple of my
elderly neigbors
Kenda Seavers
4320 w calle poco
theseavers@cox.net
623 203 1589
Pat and Patricia Dunn
4402 w calle poco
602 237 4831
602 290 3444
George and Loiuse Richardson
4318 w calle poco
602 722 7197
Potable water
Fire protection
Rain water containment
Certificate of occupancy
Wash running through the property
Whos going to build the bridge for egress