Vote: approved

Item Text

PZ-1. HIGLEY 202 RETAIL CENTER Case #: Z2016029 Supervisor District: 1 Applicant/Owner: Law Office of David Cisiewski/ Juanita Moore, Thomas Kelly Request: Zone Change from Rural-43 to C-2 Site Location: Generally located approximately 428’ north of the northeast corner of Loop 202 (San Tan Fwy.) and Higley Road in the Gilbert area. Commission Recommendation: On 9/8/16, the Commission voted 6-0 to recommend approval of Z2016029 subject to conditions ‘a’ – ‘i’: Provided the following conditions are met: a. Development of the site shall comply with the exhibit entitled “Conceptual Site Plan”, consisting of 1 full-size sheet, dated April 2016 and stamped received June 16, 2016 except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled “Higley 202 Retail Center”, consisting of 10 pages, dated June 14, 2016, and stamped received June 16, 2016 except as modified by the following conditions. c. The applicant/property owner shall submit a ‘will serve’ letter from Rural Metro 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. Until such time as the site is served by public water and 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. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. e. The following Maricopa County Department of Environmental Services Department (MCESD) conditions shall apply: 1. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. It is required, the owner/developer to prepare a Stormwater Pollution Prevention Plan and obtain approval by Maricopa County Environmental Services Department (MCESD) prior to construction. (A separate submittal to MCESD would be required.) It is required, upon completion of construction, the owner to fulfill MCESD requirements and obtain a post-construction stormwater permit. 2. If applicable, the site plan shall contain a note designating the entity responsible for operation and maintenance of the on-lot stormwater management facilities consistent with an approved operation and maintenance plan. f. The following Planning Engineering conditions shall apply: 1. Access design and alignments will require review by ADOT and/or the Town of Gilbert. Right-of-way dedication may be required by ADOT or the Town of Gilbert along Higley Road. 2. A Traffic Impact Study (TIS) must be provided with the application for a Plan of Development. The TIS must address any required offsite improvements and vehicle storage requirements within the driveway given the proximity of the drive-thru to the site entrance off Higley Road. g. The C-2 zoning approval is conditional per Maricopa County Zoning Ordinance Article 304.6. Within five (5) years of Board of Supervisors’ approval there shall be administrative approval of a Plan of Development for the commercial site or the zoning may be considered for reversion to Rural-43 at public hearing of the Board of Supervisors after recommendation by the Planning and Zoning Commission, unless within such time the property is annexed by the Town of Gilbert. h. Noncompliance with any Maricopa County Regulation or condition of approval shall be grounds for initiating a revocation of this Zone Change as set forth in the Maricopa County Zoning Ordinance. 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. i. 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 owner 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, a hearing shall be scheduled with the Board of Supervisors for consideration to revert 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-44-17-027-M-00)