Vote: approved

Item Text

PZ-4. TSC CAVE CREEK PAD C Case #: Z2014080 Supervisor District: 3 Applicant/Owner: Cave Creek AZ Development Group, LLC / Ben C. Pearson and Kathryn L. Pearson Trust Agr. Request:. Zone Change from Rural-43 to C-2 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 Z2014080 subject to conditions ‘a’ – ‘k’: a. Development of the site shall comply with the Site Plan entitled “TRACTOR SUPPLY COMPANY – CAVE CREEK PAD C PRELIMINARY SITE PLAN’ consisting of 1 full-size sheet stamped received February 9, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “ZONING DISTRICT CHANGE NARRATIVE REPORT FOR SWC CAVE CREEK RD. & OLESEN RD. – APN: 211-46-008A & 211-46010D (MARICOPA COUNTY)”, consisting of 22 pages, dated stamped received February 9, 2015, except as modified by the following conditions. c. The zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS §11-814. Construction shall commence within five (5) years from Board of Supervisors approval. The developer of the property shall submit to the Department a certified statement of compliance prior to the expiration of any time limits imposed by the Board. If the certified statement of compliance is not filed or the Development independently determines that the property has not been improved for the use for which it was conditionally approved, a public hearing shall be set before the Commission. The findings and recommendation of the Commission shall be forwarded to the Board of Supervisors for public hearing to determine compliance with the schedule of development, grant an extension, or cause the property to revert to its former zoning classification. Notification by registered mail of both the Commission hearing and the Board hearing shall be sent to the owner and applicant who requested the rezoning. Notice of public hearing shall be as set forth in Chapter 3, Section 304., Article 304.2. d. 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. e. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. f. The following Planning Engineering Review conditions shall apply: 1. Drywells used for drain down of the subsurface retention system shall be a Maxwell-Plus type drywell system. 2. Onsite retention will be provided for the 100-year, 2-hour storm for any disturbed area onsite, including adjacent right-of-way. Use runoff coefficient equal to 0.95 for the commercial development per Table 6.3 of the Maricopa County Drainage Policies and Standards. 3. Please note that MCDOT recommends that portion of Olesen Road west of Cave Creek Road (50-foot wide by ± 145 foot long section of right-of-way) should be included in the annexation to Cave Creek. 4. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 5. 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 the Maricopa County Drainage Policies and Standards. 6. Detailed Grading and Drainage Plans and Drainage Report showing the new site improvements must be submitted for the acquisition of building permits. 7. The improvements depict outside of the Maricopa County Jurisdiction will require approval and permitting through the Town of Cave Creek. Documentation substantiating Cave Creeks’ approval must be submitted for the acquisition of building permits. g. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. If development occurs before annexation, development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The owner/developer shall prepare a Storm Water Pollution Prevention Plan and obtain approval by MCESD prior to construction. (A separate submittal to MCESD is required.) Upon completion of construction, the owner shall fulfill MCESD requirements and obtain a post-construction stormwater permit. 2. The site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot Stormwater management facilities consistent with an approved operation and maintenance plan. h. 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. i. 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). j. 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. k. 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-44-15-070-M-00)