Vote: approved

Item Text

PZ-6. EL GRANDE TACO LOCO Case #: Z2015090 Supervisor District: 4 Applicant/Owner: Joe Burke, Burke Engineering / Pam Holguin Delgado Request: Zone change from R-4 to C-2 CUPD Site Location: Generally located at southeast corner of U.S. 60 and 3rd St. in Aguila Commission Recommendation: On 5/19/16, the Commission voted 6-0 to recommend approval of Z2015090 subject to conditions ‘a’ – ‘j’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Conceptual Site Plan”, consisting of 1 full-size sheet, dated August 2015 and stamped received April 19, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Project Narrative for El Grande Taco Loco”, consisting of 4 pages, dated April 19, 2016 and stamped received April 19, 2016 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter Aguila Volunteer Fire Department for fire protection services for the project site. A copy of the ‘will serve’ letter shall be required as part of the initial construction permit submittal. d. The following C-2 CUPD standards shall apply: No block wall required between parcels zoned C-2 CUPD and neighboring residentially zoned (R-4) parcels. Applicant shall provide landscaping buffer as shown in the Landscape Plan entitled “Conceptual Landscape Plan” dated October 26, 2015 and stamped received November 9, 2015. e. The applicant shall combine the six existing parcels into one new parcel. The new parcel shall be recorded by the Maricopa County Recorder’s Office and a recording number shall be provided to the Planning and Development Department prior to issuance of the construction permits. f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. g. 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. h. 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. i. The following Engineering comments shall apply: 1. At the time of application for building permits, the applicant must provide documentation as to if the improvements to the building constitute a “Substantial Improvement” as defined in the Floodplain Regulations for Maricopa County. The requirement to raise the finished floor elevation of the building is not discretionary. If the improvements to the building constitute a “Substantial Improvement”, the entire structure must be brought into conformance with the Floodplain Regulations for Maricopa County (i.e. floor raised or flood proofed to the regulatory flood elevation). 2. Any site disturbance other than that depicted on the approved plans (i.e. on the 3 adjoining parcels included with the re-zone request) will require that they (the parcels) be included in the site’s retention calculations. 3. Any work within the right-of-way of US Route 60 will require a permit from ADOT. 4. Driveway access to Third Street will require installation of curb and sidewalk across the entire site frontage. Any work in the right-of-way of Third Street will require a permit from MCDOT. j. The CUPD overlay shall restrict the use of the site. Until such time as the site is served by sewer, uses on the site shall only be those acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems. (C-44-16-083-M-00)