Vote — approved

Steve Gallardo	yes
Jack Sellers	abstain
Bill Gates	yes
Clint Hickman	yes
Steve Chucri	yes

7.HOLY LAND CORPORATION Case #: Z2019120 Supervisor District: 1 Applicant / Owner: Dorothy Shupe, Sketch Architecture Company / George Sarsar, Holy Land Corporation Request: Zone Change from AD-2 to C-2 CUPD Site Location: Generally located 600 ft. west of the NWC of Nunneley Rd. and Power Rd., in the Gilbert area Commission Recommendation: On 12/10/20, the Commission voted 8-0 to recommend approval of Z2019120 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial c

Item Text

7. HOLY LAND CORPORATION Case #: Z2019120 Supervisor District: 1 Applicant / Owner: Dorothy Shupe, Sketch Architecture Company / George Sarsar, Holy Land Corporation Request: Zone Change from AD-2 to C-2 CUPD Site Location: Generally located 600 ft. west of the NWC of Nunneley Rd. and Power Rd., in the Gilbert area Commission Recommendation: On 12/10/20, the Commission voted 8-0 to recommend approval of Z2019120 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Holy Land Corporation”, consisting of 1 full-size sheet, dated November 19, 2020, and stamped received November 19, 2020, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Holy Land Corporation”, consisting of 3 pages, dated November 2, 2020, and stamped received November 19, 2020, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. A Right-of-way dedication along Nunneley Road will be required (5’ to align with the property to the east) in conjunction with the building permit. See https://www.mcdot.maricopa.gov/744/Right-of-Way-Dedications for more information on the dedication process. 2. The south half of Nunneley Road is within the jurisdiction of the Town of Gilbert. The applicant must contact the Town to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. The Town’s requirements will supersede the County’s (item 1 above) since the Town maintains the roadway. Evidence of the Town’s acceptance of the R/W work with the building permit will be required. 3. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; Drainage Policies and Standards; Floodplain Regulations for Maricopa County; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. 4. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 5. Detailed Grading and Drainage Plans and Final Drainage Report showing the new site improvements must be submitted for approval and acquisition of building permits. d. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. The proposed project is located within the unincorporated urbanized area regulated by the Maricopa County Stormwater Quality Program and may need a stormwater approval and permit (SWPPP) prior to any construction permit been granted. For further information, go to www.maricopa.gov/stormwater. 2. The applicant must obtain NOID prior to construction permit approval. e. The following C-2 CUPD zoning district standards shall apply: 1. Front (south) setback: 3 ft. 2. Sight Visibility Triangles: 5 ft. x 5 ft. f. The zone change CUPD overlay is applied to 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. A public water system and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. g. 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. h. 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 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. (C-44-21-171-X-00)

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