Vote: held

Item Text

PZ-3. HAPPY VALLEY COMMERCE CENTER Case #: Z2015089 Supervisor District: 4 Applicant/Owner: Ed Reichenberg / 5802 & Acquisitions LLC and Scottsdale Investment Management LLC Request: Zone change from Rural-43 and R-4 RUPD to C-2 Site Location: Generally located approx. 700’ west from the southwest corner of Happy Valley Rd. and Vistancia Blvd. Commission Recommendation: On 7/21/16, the Commission voted 6-0 to recommend approval of Z2015089 subject to conditions ‘a’ – ‘g’: Provided the following conditions are met: a. Development of the site shall be in conformance with the Narrative Report entitled “Happy Valley Commerce Center”, consisting of 16 pages, dated revised April 11, 2016 and stamped received April 14, 2016 except as modified by the following conditions. b. The property owner shall submit a ‘will serve’ letter from the Fire District of Sun City West 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. c. The following MCDOT comment shall apply: 1. A traffic impact study will be required with any Plan of Development application. Offsite road improvement requirements along Happy Valley Road are pending the results/recommendations of the traffic study. d. 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. e. 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. 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. g. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2015089 which details the status of this project, including progress on obtaining construction permits. The status report to be administratively reviewed by Planning and Development with the ability to administratively accept or to carry the status report to the Board of Supervisors (Board), upon recommendation by the Planning and Zoning Commission (Commission) for consideration of amendments or revocation of zoning for undeveloped parcels. Status reports will be required until completion of the construction permits for each zoning parcel (C-2). (C-44-17-006-M-00)