Vote: approved

Item Text

6. VAL VISTA 1 Case #: Z2021133 Supervisor District: 1 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Brenlynn LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located 1,500’ south of the SEC of Warner Rd. & Val Vista Dr. in the Gilbert area Commission Recommendation: On 7/21/22, the Commission voted 5-1 to recommend approval of Z2021133 subject to conditions ‘a’ – ‘n’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit for Brenlynn LLC“, consisting of 1 full-size sheets, dated March 22, 2022, and stamped received April 4, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved site plan. Minor and major amendments to the site plan will be determined in accordance with Chapter 3 of the Maricopa County Zoning Ordinance. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezone and CUPD Narrative for Val Vista 1”, consisting of 8 pages, dated March 2022, and stamped received April 4, 2022, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to drainage design, access and roadway alignments. These items will be addressed as development plans progress and are submitted to the County for further review and/or entitlement. 2. Any development must ensure that historic drainage patterns are maintained at the up and downstream limits of development. 3. All Commercial Development will be required to retain onsite the 100 year 2 hour storm event. All retention basins are required to provide percolation results that show the basin(s) will drain within 36 hours. 4. Provide Ingress and Egress for Fire Access and fire access route. PND Transportation Comments 1. A traffic impact study must be submitted with any future entitlement application (i.e. plan of development). 2. Access to site is proposed from Val Vista Dr which is a public right of way that has not been adopted by the County, therefore not maintained by the County. MCDOT has no comments. 3. Val Vista Drive: Access, driveway Plans and traffic impact study to be submitted to Jurisdictional agency for approval and permission to work within their right of way. Storm Water Quality (SWPPP) – Pre-Construction 1. The subject premises is located within the County’s Urbanized Area and will disturb more than one (1) acre (Common Plan of Development). A Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. General 1. 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. d. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. ATC must be obtained prior to construction permit approval. 2. Abandonment of the existing septic system also must be obtained. e. The following C-2 CUPD standards shall apply: 1. Minimum billboard distance separation to a rural or residential zone boundary: 100 feet (but not include zoning within street right-of-way, or any open space that is zoned rural or residential but is only being used for a golf course) 2. Minimum illuminated billboard distance separation to a rural or residential zone boundary: 150 feet (but not to include zoning within street right-of-way, or any open space that is zoned rural or residential but is only being used for a golf course) 3. Shade structures and or coverings shall not exceed a height of 20’. Site screening requirement for off-site advertising signs waived. f. The 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. The following C-2 uses are prohibited: 1. Adult Oriented Facilities 2. Bars 3. Liquor Stores 4. Recreation Centers with pool halls or billiards 5. Theaters 6. RV & Boat Storage Facilities h. Administrative approval of a Plan of Development will be required prior to approval and issuance of construction permits to develop and establish use of the site. Prior to issuance of a building permit, written confirmation will be required from the emergency fire protection jurisdiction having authority that the facility has been designed in accordance with their regulations and requirements, and that emergency fire protection service will be provided to the facility. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. i. 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. j. 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. k. 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. l. Billboard illumination shall be extinguished/turned off between 11pm and dusk. m. Billboard illumination and outdoor lighting must comply with Section 1112 of the MCZO. n. Billboard illumination shall be top down and shielded so as to mitigate light trespass onto adjacent properties. (C-44-23-043-X-00)

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