Vote: approved

Item Text

PZ-3. TONOPAH MARKET PLACE Case: Z2014016 Supervisor Districts: 4 & 5 Applicant: Earl, Curley and Lagarde P.C. for Ivanco, LLC Request: Modification of Conditions ‘u’ & ‘w’ of case Z2006061 Site Location: West of 379th Ave. & south of Osborn Rd. in the Tonopah area Site Size: Approx. 28.64 gross ac. Commission Recommendation: Approval by a vote of 6-0 subject to conditions 'a' - 'z': a. Development of the site shall comply with the Precise Plan entitled “Tonopah Market Place Precise Site Plan (Zoning)”, consisting of two (2) full-size sheets, dated January 15, 2009 and stamped received January 16, 2009, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “A Narrative Report for Tonopah Market Place”, consisting of 17 pages, revised January 15, 2009, and stamped received January 16, 2009, and the Narrative entitled “Stipulation Modification Request Z2014016 consisting of 9 pages, dated March 17, 2014 and stamped received June 10, 2014, except as modified by the following conditions c. Development of the site shall comply with the Landscape Plan entitled “Tonopah Market Place”, consisting of two (2) full-size sheets, revised January 15, 2009, and stamped received January 16, 2009, except as modified by the following conditions. All trees shall be double-staked when installed. d. Building elevations shall be in general conformance with the building elevations entitled “Tonopah Market Place”, consisting of four (4) full-size sheets, revised January 15, 2009, and stamped received January 16, 2009, except as modified by the following conditions. e. Signage shall be in general conformance with the Sign Package entitled “Tonopah Market Place – Sign Plan”, consisting of seven (7) 11” by 17” sheets, revised November 6, 2008 and stamped received December 18, 2008, except as modified by the following conditions. f. The following Maricopa County Department of Transportation (MCDOT) conditions shall apply: 1. A revised Traffic Impact Report will be required at time of construction to address the existing traffic conditions and any mitigation measures required including the analysis of ADOT Traffic Interchange (379th Ave). MCDOT R/W permits will not be issued until all TIS issues have been satisfactorily addressed 2. Applicant to acquire legal access and right-of-way to access 379th Avenue from adjacent property owners. 3. Provide a total half-width of 65’ R/W on Osborn Rd. 4. Additional right-of-way for Osborn Road to 379th Avenue will be required to accommodate left and right turns from adjacent property owners. 5. Construct ultimate half-width improvements including pavement, curb, gutter and sidewalk (onsite) and paved access per requirements per Traffic Impact Report. 6. Any landscaping in county R/W must meet MCDOT requirements. g. The following Drainage Review conditions shall apply: 1. All development and engineering design shall be in conformance with Section 1205 of the Maricopa county Zoning Ordinance, Drainage Policies and Standards and current engineering policies, standards and best practices at the time of application for construction. 2. Drainage 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 3. The applicant will be required to obtain authorization to work off-site to construct a channel along Osborn Road. If authorization is not received, then the applicant will need to redesign the drainage system or route the flows through the site and demonstrate compliance with the Drainage Regulations. 4. All historical flow characteristics will be maintained upstream and downstream of the proposed development. 5. Detailed Grading and Drainage Plans showing the new site improvements must be submitted for the acquisition of building permits. h. The following Maricopa County Environmental Services Department (MCESD) stipulation shall apply: No further entitlements will be approved prior to the issuance of Approvals to Construct for all required water and sewer infrastructure necessary to serve the project. This includes the Approvals to Construct for the offsite water production and sewage treatment facilities. i. The following Maricopa County Department of Emergency Management (MCDEM) conditions shall apply: “The developer shall contact the Palo Verde Nuclear Generating Station (PVNGS) Emergency Planning Department. The PVNGS Emergency Planning Department will provide placards for posting on the subject property, indicating the proximity of the subject property to PVNGS and actions to be taken upon hearing the Outdoor Warning Siren System.” j. The developer shall notify the Arizona Department of Transportation (ADOT) 30 days in advance of their construction permit application submittal and shall provide evidence of that notification to Maricopa County Planning and Development Department as part of the construction permit application documentation. k. Concurrent with the development of the site, the developer shall be responsible for the removal of the existing barb-wire fence and the installation of chain link fence along the subject property’s southern property line. The developer shall obtain the necessary Right-of-Way permits from ADOT prior to commencing the work. l. A Floodplain Use Permit and a Building Permit must be obtained prior to any development taking place. m. Prior to Zoning Clearance, the developer shall provide “will-serve’ letters from the water and sewer providers substantiating service to the site. n. All transformers, back-flow prevention devices, utility boxes and all other utility related ground mounted equipment shall be painted to complement the development and shall be screened with landscape material where possible. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. o. Prior to Zoning Clearance, dedication of additional right-of-way to bring the total half-width dedication to 65’ for Osborn Road shall occur. p. All interior streets within the proposed development are to be constructed to minimum County standards. q. Prior to issuance of any permits for development of the site, the applicant/property owner shall obtain the necessary encroachment permits from the Maricopa County Department of Transportation (MCDOT) for landscaping or other improvements in the right-of-way. r. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. s. Development and use of the site shall comply with requirements for fire protection measures as deemed necessary by the applicable fire department. Prior to issuance of zoning clearance, the applicant shall seek review and comment from the applicable fire protection agency, and shall provide written confirmation that the site will be developed in accordance with their requirements. t. Variations to the development standards as indicated in the approved Unit Plan of Development (UPD) table may be varied by the Board of Adjustment in accordance with Article 303.2.2 of the Maricopa County Zoning Ordinance (MCZO). u. The conditional C-S CUPD Zoning with a Precise Plan of Development shall remain in effect on the property, but is subject to a written status report being provided by the property owner every five (5) years from the date of Board of Supervisors approval of Z2014016. The status report shall include a description of compliance with the conditions of approval of the Zoning case (Z2006061); compliance with the approved narrative report (Z2006061); compliance with the approved site plan (Z2006061); and the progress on obtaining necessary permits for development of the “Tonopah Market Place” project. The status report shall be reviewed by staff to determine whether the project remains in compliance with the approved conditions, or whether to schedule the matter for review by the Commission for recommendation to the Board.” This stipulation shall remain in effect until a Certificate of Occupancy has been approved for the initial building in the project. v. Amendments to the site plan and narrative report shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance Article 304.9. w. Development of the site shall not occur in the absence of an approved Plan of Development. x. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance. Further, noncompliance of the conditions of approval may be grounds for the Planning and Zoning Commission to take action in accordance with Chapter 3 (Conditional Zoning). y. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. z. The property owner/s and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. (C-44-15-003-M-00)