Vote: approved

Item Text

PZ-3. TSC CAVE CREEK PAD C Case #: CPA2014009 Supervisor District: 3 Applicant/Owner: Cave Creek AZ Development Group, LLC / Ben C. Pearson and Kathryn L. Pearson Trust Agr. Requests: Comprehensive Plan Amendment (CPA) to change the land use designation from Rural Development Area to Community Retail Centers. CPA case approval is by Resolution, attached. Site Location: Southwest corner of Cave Creek Rd. and Olesen Rd. (in the Cave Creek area) Site Size: Approximately 3 acres County Island Status: Class IA (Town of Cave Creek and City of Phoenix) Additional Comments: An annexation agreement is in progress with the Town of Cave Creek. The Town encourages the applicant to pursue commercial use entitlement in the County. Commission Recommendation: On 3/12/15, the Commission voted 7-0 to recommend approval of CPA2014009 subject to conditions ‘a’ – ‘d’: a. Development and use of the site shall comply with the narrative report entitled, “COMPREHENSIVE PLAN AMENDMENT NARRATIVE REPORT FOR SWC CAVE CREEK RD. & OLESEN RD. – APN: 211-46-008A & 211-46010D (MARICOPA COUNTY)”, including all exhibits dated revised February 3, 2015, and stamped received February 9, 2015, except as modified by the following conditions. b. Until approval of a precise plan of development, the applicant shall submit a written report every five years from the date of Board of Supervisors approval of CPA2014009 which details the status of this project, including progress on obtaining necessary entitlements, licenses, and permits; compliance with the conditions of approval; compliance with the approved narrative report; compliance with the approved land use plan; and justification as to how the approved land use plan still represents appropriate land use planning for the property and unincorporated Maricopa County in accordance with the goals and policies in its comprehensive plan. This report shall be scheduled for public hearing by the Maricopa County Board of Supervisors (Board), upon recommendation by the Maricopa County Planning and Zoning Commission (Commission), to consider whether the planning justification for this comprehensive plan amendment is still present, and whether the land use designation associated with this comprehensive plan amendment still represent appropriate and better long-term land use planning in accordance with the goals and policies of the Maricopa County Comprehensive Plan. If the Board rescinds this comprehensive plan amendment and reverts the current land use designations back to Rural Development Area, all entitlements associated with this project that were conditional pursuant to the Maricopa County Zoning Ordinance may also be considered by the Board, upon recommendation by the Commission, for reversion to the prior entitlements. In such an event, the comprehensive plan land use map, and, as applicable, zoning map shall be altered to reflect Board action. c. Prior to initial grading or construction permits, the applicant shall provide the Maricopa County Planning and Development Department with a signed and recorded pre-annexation agreement with the Town of Cave Creek that identifies the date or timeframe when the proposed project will be annexed. d. 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 owner to enjoy uses in excess of those permitted by the land use existing on the date of application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of application. It is, therefore, stipulated and agreed that revocation due to the failure to comply with any conditions 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. The Comprehensive Plan Amendment enhances the value of the property above its value as of the date the Comprehensive Plan Amendment is granted and changing to the prior land use designation results in the same value of the property as if the Comprehensive Plan Amendment had never been granted. (C-44-15-068-M-00)