Vote: approved

Item Text

PZ-6. CAREFREE CROSSINGS Case #: Z2015013 Supervisor District: 3 Applicant/Owner: Burch & Cracchiolo, P.A. / Donald & Catherine Mahoney, MP 9365 Mc Kemy LLC Request: Zone Change from Rural-43 to C-2 CUPD without a precise Plan of Development and located within the Carefree Highway Scenic Corridor Study Area Site Location: Generally located at the northeast corner of Carefree Highway and 7th Street in the Desert Hills area. Commission Recommendation: On 10/6/16, the Commission voted 6-0 to recommend approval of Z2015013 subject to conditions ‘a’ – ‘n’: Provided the following conditions are met: a. Development of the site shall comply with the Zoning Exhibit entitled, “Carefree Crossings – 7th St. & Carefree Highway”, consisting of 1 full-size sheet, dated revised April 7, 2015, and stamped received May 6, 2016, except as modified by the following conditions. b. Development of the site shall be in conformance with the Narrative Report entitled, “Carefree Crossings Zoning”, consisting of eighteen pages, dated revised July 26, 2016, and stamped received July 28, 2016, except as modified by the following conditions. c. The C-2 CUPD will allow the following C-1 & C-2 commercial land uses on septic, to be reviewed and approved by Maricopa County Environmental Services Department (MCESD) with the Plan of Development application and permitting with MCESD: 1. Accessory buildings & uses customarily incidental to the above uses. Renewable energy systems are not permitted as a primary use but may be permitted as an accessory use as set forth in Section 1206 of MCZO. Where renewable energy systems involve the generation or storage of electricity, only grid-connected or off-grid systems are permitted. 2. Antique shops 3. Arcades 4. Art Galleries 5. Art metal and ornamental iron shops. 6. Automobile parts & supplies. 7. New and used, automobile and golf cart sales, and rentals provided all sales activities are conducted within a building. 8. Awning and canvas stores. 9. Bakery shops for sales of products prepared off site only. 10. Banks 11. Blueprint, Photostat and reproduction (copy) services. 12. Boat sales, including an outside display area, provided all sales activities are conducted within a building. 13. Books, stationery & gift shops. 14. Business schools. 15. Cabinet and carpenter shops. 16. Candy shops for sales of products prepared off site only. 17. Churches & house of worship, including accessory columbarium provided that the building area of the columbarium shall not exceed 10% of the total building area of the church building(s). 18. Cleaning agencies, laundry agencies, pressing establishments provided there is no cleaning of clothes on the premise. 19. Clock & watch repair shops. 20. Clothing & dry good shops, including clothing & costume rental. 21. Conservatories or studios: Art, dancing or music. 22. Craft & hobby shops, with incidental craft or hobby instruction only. 23. Day nurseries & nursery schools, playground equipment which shall be screened from any adjoining rural or residential zoning district. 24. Department stores 25. Dress shops 26. Drugstores & soda fountains 27. Electrical fixtures and appliance sales, repair and service. 28. Feed stores, inside storage only. 29. Privately owned or operated stations for fire protection, police or security service, ambulance or other emergency service providers. 30. Florist shops 31. Furniture stores including: new, used, finished or unfinished merchandise. 32. Gardens and community gardens. 33. Gas (butane and propane), retail sales of 34. Hardware shops 35. Household appliance shops. 36. Ice cream shops 37. Interior Decorator shops. 38. Jewelry shops. 39. Key, locksmith or gun shops. 40. Liquor stores. 41. Liquor stores limited to retail sales of package goods for off-site consumption. 42. Medical clinics and surgical hospitals for farm animals (horse, cattle, and other farm animals) – No floor drains allowed. 43. Nurseries, flower and plant sales, provided all incidental equipment & supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least 6’ in height and no goods, materials or objects are stacked higher than the fence or wall so erected. 44. Offices. 45. Paint and wall paper stores. 46. Parking lots and public garages, subject to parking standards in MCZO Chapter 11. 47. Pet shops, including the treatment or boarding of cats, dogs or other small animals. 48. Photographer’s and artist’s studios. 49. Plumbing shops. 50. Pool halls or billiard centers. 51. Precision, optical and musical instrument repair shops. 52. Private clubs & fraternal organizations. 53. Private schools operated as a commercial enterprise. 54. Public facilities such as libraries, museums, parks, playgrounds, community buildings, including police stations, post offices and other community service buildings uses for non-commercial non-profit purposes. 55. Public schools: elementary, high school & college. 56. Precision, optical and musical instrument repair shops. 57. Radio & television broadcasting stations & studios, but not including transmitter towers & stations. 58. Radio and television shops, including repair. 59. Rental services: household, lawn, garden, sickroom or office equipment. 60. Retail stores. 61. Secretarial or answering services. 62. Self-storage facilities. 63. Service to the public of water, gas, electricity, telephone, cable television and sewage including wastewater treatment plants. The foregoing shall be deemed to include attendance facilities & appurtenances to these uses, including, without limitation, distribution, collector and feeder lines, pumping or boosting stations along pipelines, and substations along electric transmission lines. 64. Shoe repair shops. 65. Tailor shops. 66. Temporary construction administration offices/yard complex, which may include a security office or residence for a security guard provided that the following conditions are met: (a) the uses are only associated with the developer/owner & subdivision or project in which they are located. (b) Upon sales of the development cessation of the need for the use (95% buildout), or cessation of the use, all structures, modifications to structures and uses related to the temporary facility removed. (c) Those uses of structures allowed shall meet all building code requirements. (d) All items stored onsite shall only be those required for construction onsite. (e) The allowed uses may encroach into setback areas. (f) All necessary permits must be issued prior to placement on the site. 67. Theaters, but not including a drive-in theater and adult-oriented facilities. 68. Tinsmith shops. 69. Trade school. 70. Upholstery shops 71. Variety and notion stores 72. Veterinary hospitals, clinics and kennels for dogs, cats and small animals – No floor drains allowed. 73. Video rental stores. d. The C-2 CUPD will allow the following C-1 & C-2 commercial land uses with a wastewater sewer provider. The owner shall provide documentation to Planning & Development and Maricopa County Environmental Services Department (MCESD) demonstrating connectivity to a sewer provider with application of a Plan of Development and application for permitting with MCESD: 1. Automobile laundries, provided steam cleaning is confined to a building. 2. Automobile repair shops and garages, including an outside vehicle storage area to be used for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. 3. New and used, automobile and golf cart sales, and rentals provided all sales, service and repair activities are conducted within a building. 4. Baking on the premises for on-site sales only. 5. Barber & beauty shops. 6. Bars including retail sales of package goods for off-site consumption, provided that there is no entertainment of music or audible off-site. 7. Health spas and public gyms. 8. Boat sales, including an outside display area, provided all sales and repair activities are conducted within a building. 9. Manufacturing of candy on the premises for on-site sales only. 10. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles. 11. Cleaning agencies, laundry agencies, pressing establishments & self-service laundries or self-service dry cleaning machines, provided there is no cleaning of clothes on the premise. 12. Delicatessen shops. 13. Drive-in restaurants and refreshment stands. 14. Gasoline service station, provided all incidental repair work is conducted wholly within a completely enclosed building & space required for such repair work does not constitute more than 60% of the floor area. 15. Grocery stores and meat markets. 16. Hospitals. 17. Hotels, resorts, motels. 18. Manufacturing of ice cream on the premises for on-site sales only. 19. Laboratories, medical or dental. 20. Medical clinics and surgical hospitals for farm animals (horse, cattle and other farm animals). 21. Restaurants & cafes, including patios, with or without cocktail lounges, provided there is no entertainment or music audible off-site. 22. Restaurants and cafes, including drive-thru service with no outside eating facilities, but not including those having dancing or shows, or drive in car service. The sales of alcoholic beverages for on-site consumption only may be permitted as an accessory use subject to the following requirements: a) the kitchen facilities in the restaurant shall be no less than 20% of the floor area. (b) The floor plan of the restaurant shall be approved by the Planning and Development Dept. 23. Taxidermists. 24. Veterinary hospitals, clinics and kennels for dogs, cats and small animals. 25. Any use permitted in the R-5 Multi-Family Residential Zoning District. e. The C-2 CUPD zoning district prohibits the following commercial land uses: 1. Adult oriented facilities – books, stationary and gift shops. 2. No slaughtering of animals or poultry on the premises. 3. Medical Marijuana Dispensary Facilities as defined in the Maricopa County Zoning Ordinance Chapter 2. f. Once a sewer provider is available to provide wastewater service to the subject properties, all land uses identified in conditions ‘c’ and ‘d’ will be considered an allowed commercial land use. g. The following C-2 CUPD standards shall apply: 1. Height: 25’/2 stories 2. Front Yard setback: 25’ or staggered front yard setbacks adjacent to Carefree Highway as follows: 40’, 50’, 55’, and 60’ – see Zoning Exhibit for setback locations. 3. Side Yard setback: 0’ 4. Street Side Yard Setback: 10’ or staggered street-side setbacks adjacent to Carefree Highway as follows: 40’, 50’, 55’ and 60’ – see Zoning Exhibit for setback locations. 5. Rear Yard setback: 10’ or 0’ adjacent to drainage channel 6. Lot Area: 6,000 sq. ft. 7. Lot Width: 60’ 8. Lot Coverage: 60% h. At the time of each precise Plan of Development the applicant shall demonstrate compliance with the Carefree Highway Scenic Corridor Study Design Standards. i. The following Maricopa County Department of Environmental Services Department (MCESD) conditions shall apply: 1. The onsite septic system designs will be submitted to MCESD for approval. Wastewater discharge will consist of typical sewage only, and will not include any motor oil, gasoline, paint, varnish, solvent, pesticides, fertilizer, or other material not generally associated with toilet flushing, food preparation, laundry, or personal hygiene (ACC R18-9-A309.7a). 2. The owner will abandon the septic systems and connect to a public sewer system when one is available, and participate in a fair share of the public sewer system funding. 3. Development and engineering design shall be in conformance with the Maricopa County Stormwater Quality Management and Discharge Control Regulation. The owner/developer shall prepare a Stormwater Site Plan (SWPP) and obtain approval by MCESD prior to construction (a separate submittal to MCESD is required). 4. Upon completion of construction, the owner shall fulfill MCESD post-construction permit requirements. This will include appropriate operation and maintenance requirements. 5. The property will be developed according to the permitted and prohibited land use table. j. The property owner shall submit a ‘will serve’ from the Daisy Mountain 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. k. 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. l. 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. m. 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. n. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial construction permit outside of the Special Use Permit area and an additional seven (7) years for each subsequent phase, within which time the subdivision infrastructure permit or construction permit for each phase must be obtained. The applicant may request an extension of this timeframe pursuant to MCZO requirements. The applicant shall submit a written report every seven years from the date of Board of Supervisors approval of Z2015013 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-44-17-036-M-00)