Vote: held

Item Text

PZ-3. DREXLER Case #: Z2015074 Supervisor District: 5 Applicant & Owner: Tiffany & Bosco, PA /John Drexler Request: Zone Change from Rural-43 to C-2 CUPD General Commercial Site Location: Generally located at the northwest corner of Baseline Rd. and 61st Dr. Site Size: Approximately 12.68 ac. Commission Recommendation: On 1/7/16, the Commission voted 8-0 to recommend approval of Z2015074 subject to conditions ‘a’ – ‘f’: a. A Commercial Unit Plan of Development (CUPD) is applied to the site specifically to limit the C-2 permitted uses to those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated via individual septic systems until such time that either sewer service is provided or effective annexation by the City of Phoenix. b. Unless the site is effectively annexed into the City of Phoenix, a Plan of Development (POD) is required prior to construction permitting. c. The site may be (re)developed and used for any use that is statutorily exempt from County zoning authority without POD or permit. d. The following Planning Engineering conditions shall apply: 1. Pending ADOT’s right-of-way acquisition along Baseline Road, the applicant shall preserve a total half-width right-of-way of 65 feet along Baseline Road. e. The property owner/s and their successors waive claim in diminution in value if the County takes action to rescind approval due to noncompliance with conditions. f. 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, 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, 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 of the Zone Change. The Zone Change enhances the value of the property above its value as of the date the Zone Change is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change had never been granted. (C-44-16-039-M-00)