Vote — approved

Bill Gates	yes
Clint Hickman	yes
Jack Sellers	yes
Thomas Galvin	yes
Steve Gallardo	yes

12.POWER & RIGGS COMMERCIAL Case #: Z2022082 Supervisor District: 1 Applicant & Owner: George Pasquel III – Withey-Morris, PLC / Hoffman Irrevocable Trust Request: Zone Change from Rural-43 RUPD, R-4 and C-3 to C-3 CUPD Site Location: Generally located at the SWC of Power Rd. & Riggs Rd. in the Queen Creek area Commission Recommendation: On 9/22/22, the Commission voted 7-0, to recommend approval of Z2022082 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conf

Item Text

12. POWER & RIGGS COMMERCIAL Case #: Z2022082 Supervisor District: 1 Applicant & Owner: George Pasquel III – Withey-Morris, PLC / Hoffman Irrevocable Trust Request: Zone Change from Rural-43 RUPD, R-4 and C-3 to C-3 CUPD Site Location: Generally located at the SWC of Power Rd. & Riggs Rd. in the Queen Creek area Commission Recommendation: On 9/22/22, the Commission voted 7-0, to recommend approval of Z2022082 subject to conditions ‘a’ – ‘ i ’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Exhibit A“, consisting of 6 pages, dated September 9, 2022, and stamped received September 9, 2022, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Riggs and Power Commercial Center”, consisting of 8 pages, dated September 9, 2022, and stamped received September 9, 2022 except as modified by the following conditions. c. 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. d. The following Planning Engineering conditions shall apply: 1. Without the submittal of a precise plan of development, no development approval is implied 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. The property owner/developer shall address MCDOT comments in the letter dated May 11, 2022 with future entitlement submittals (POD). 4. 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. e. The following C-3 CUPD Zoning District standards shall apply: 1. Min. Front Yard – 10’ 2. Parking – Except for required ADA spaces, parking waived for mini-storage & RV/boat storage use except for the office where a minimum of 4 spaces shall be required. 1 space per 250 sq. ft. of floor area shall be required for all other uses. 3. Screening/Buffering – 6’ solid masonry wall adjacent to or abutting any rural or residential zone boundary except where existing walls are present 4. C-3 Uses Prohibited – Adult-oriented businesses, dance halls and nightclubs, bus depots, medical marijuana establishments, marijuana establishments, bars, halfway houses, boarding houses, liquor stores and residential uses shall be prohibited. f. No further division of land shall occur unless access is provided to a new lot from either Riggs Rd., Power Rd. or via the establishment of a cross-access easement between parcels. Establishment of a cross access easement may require the owner or developer secure a Zone Change: Modification of Conditions in the event setbacks are modified. 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, and at the time of expiration of the Zone Change, 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, or the expiration of the Zone Change, 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 or expiration of the Special Use Permit. 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-44-23-102-X-00)

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