Vote: held

Item Text

PZ-6. TOY BARN ON LONE MOUNTAIN ROAD Case #: Z2016026 Supervisor District: 3 Applicant & Owner: Withey Morris PLC / Hugh L. and Diane J. Helm Request: Zone Change from Rural-43 to C-2 Commercial Unit Plan of Development (CUPD) for a garage condo facility Site Location: Generally located approximately 670’ west of the intersection of Lone Mountain Rd. and Cave Creek Rd. Commission Recommendation: On 8/4/16, the Commission voted 6-0 to recommend approval of Z2016026 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the Site Plan entitled “Preliminary Site Plan Cave Creek & Lone Mountain Storage” consisting of 1 full-size sheet, dated stamped received July 18, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Toy Barn II”, consisting of 9 pages, dated stamped received July 18, 2016 except as modified by the following conditions. c. The property owner shall submit a ‘will serve’ letter from the City of Phoenix 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 for the entire site shall apply: 1. Height: 40’ 2. Front Yard Setback: 10’ 3. Side Yard Setback: 0’ 4. Rear Yard Setback: 10’ 5. Minimum lot area: 6,000 sq. ft. 6. Minimum Lot Width: 60’ 7. Maximum Lot Coverage: 60% 8. Parking Spaces: 21 spaces (19 standard, 2 accessible) 9. Screening: 8’ height solid wall required alongside and rear property lines abutting rural or residential zoning districts. Except where a building is located along a property line. e. The following C-2 CUPD standards for platted lots or condo units shall apply: 1. Height: 40’ 2. Front Yard Setback: 0’ 3. Side Yard Setback: 0’ 4. Rear Yard Setback: 0’ 5. Minimum Lot Area: 0 sq. ft. 6. Minimum Lot Width: 0’ 7. Maximum Lot Area: 100% f. The following Planning Engineering conditions shall apply: 1. All retention basins must drain within 36 hours. 2. Detailed Grading and Drainage Plans shall be submitted with the application for building permits. 3. Improvements along Lone Mountain Road are subject to review and approval by the City of Phoenix. 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. 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 subdivision infrastructure permit or 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 Z2016026 which details the status of this project, including progress on obtaining subdivision infrastructure and/or 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 initial subdivision infrastructure and/or construction permits for each zoning parcel (C-2 CUPD). (C-44-17-016-M-00)