Vote: approved

Item Text

PZ-2. SHOPS AT COLDWATER RANCH Z2009017 Supervisor District: 4 Applicant/Owner: Greg Loper/Cool Cats, LLC Request: Zone Change from RU-43 to C-S CUPD for Shops at Coldwater Ranch Site Location: Located at the Northeast corner of Happy Valley Rd. and El Mirage Rd. (in the Peoria area) Site Size: 19.98 acres County Island Status: Class 1a (Peoria and Surprise) Additional Comments: At the 3/26/15 Commission hearing, the case was moved from the Consent agenda to the Regular agenda since letters of opposition were received after the packet had been prepared. The letters are attached to this report. Staff recommended to the Commission to eliminate condition ‘k’, ‘l’, ‘m’ and ‘n’ and correct the language of condition ‘o’. Staff memo is included as an attachment to this report. Commission Recommendation: On 3/26/15, the Commission voted 8-0 to recommend approval of Z2009017 subject to conditions ‘a’ – ‘o’: Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled “Precise Plan of Development for the Shops at Coldwater Ranch“, consisting of one (1) full-size sheet, and stamped received January 5, 2015, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Shops at Coldwater Ranch”, consisting of eighteen (18) pages, dated December 23, 2014 and stamped received January 5, 2015, except as modified by the following conditions. c. Development of the site shall be in conformance with the Comprehensive Sign Package entitled “Shops at Coldwater Ranch”, consisting of eighteen (10) pages, stamped received October 1, 2014, except as modified by the following conditions. d. Development of the site shall be in conformance with the Landscape Plan consisting of two (2) pages, and stamped received January 5, 2015, except as modified by the following conditions. e. All HVAC units shall be ground-mounted or screened with a continuous parapet for commercial projects. f. 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. g. The following C-S CUPD standards shall apply (see CUPD table within narrative report for footnotes). 1. Lot Area: 6,000 sq. ft. 2. Lot Width: 60’ 3. Lot Coverage: 25% 4. Maximum Height: 40’ 5. Front Yard: 50’ 6. Side Yard 50’ 7. Corner Side Yard 50’ 8. Rear Yard: 50’ 9. Parking: 1 space/250 sq. ft. floor area 10. The CUPD overlay zone shall observe all development and signage standards of the C-S zoning district except that no screening/site enclosure shall be required. h. All outdoor lighting shall conform to the Maricopa County Zoning Ordinance. i. Development of the site shall be in compliance with all applicable Maricopa County Air Quality rules and regulations. j. The following Engineering Review conditions shall apply: 1. Provide ultimate half-width roadway improvements and dedications for El Mirage Road. 2. An updated Traffic Impact Study shall be provided at time of building permit submittal for the development. 3. Roadway 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 current MCDOT Design Standards. k. Prior to zoning clearance, developer(s) and/or builder(s) shall establish emergency fire protection services, covering all real property contained within the project area during course of construction and shall obtain a ‘will serve’ letter substantiating coverage from the appropriate Fire District, Department or Company servicing the site. l. 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. m. 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 action in accordance with Chapter 3 (Conditional Zoning). n. 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. o. 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-44-15-074-M-00)