Vote — approved

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

6.BLACK ROCK COFFEE Case #: Z2022100 Supervisor District: 3 Applicant / Owner: Shaine T. Alleman, Tiffany & Bosco, P.A. / 7960 East Thompson Peak Parkway LLC Request: Zone Change with Overlay from C-O to C-1 CUPD Site Location: Generally located at the NWC of King Rd. & Gavilan Peak Pkwy. in the Anthem area Commission Recommendation: On 11/3/22, the Commission voted 9-0, to recommend approval of Z2022100 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conforma

Item Text

6. BLACK ROCK COFFEE Case #: Z2022100 Supervisor District: 3 Applicant / Owner: Shaine T. Alleman, Tiffany & Bosco, P.A. / 7960 East Thompson Peak Parkway LLC Request: Zone Change with Overlay from C-O to C-1 CUPD Site Location: Generally located at the NWC of King Rd. & Gavilan Peak Pkwy. in the Anthem area Commission Recommendation: On 11/3/22, the Commission voted 9-0, to recommend approval of Z2022100 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled ‘Black Rock Coffee Bar Black Rock Coffee’ consisting of 1 page, dated August 3, 2022, and stamped received September 15, 2022, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved narrative. Minor and major amendments to the narrative 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 “NEC of Gavilan Peak Parkway & King Drive Proposed Rezone from C-O to C-1 CUPD”, consisting of 11 pages, stamped received October 21, 2022, except as modified by the following conditions. c. The following CUPD standards shall apply: 1. Menu-boards for drive-thru restaurants containing speakers shall not be located any closer than 90 feet to a Rural or Residential zone 2. A solid wall shall not be required along and adjacent to any side or rear property line abutting any rural or residential zone boundary. 3. Adjacent to any rural or residential zone parking areas shall not be screened from view. 4. Uses Permitted – Cafes, including drive-through but not including those having dancing or shows, or drive-in car service. The sale of alcoholic beverages for on-site consumption only may be permitted as an accessory use if the kitchen facilities in the restaurant do not exceed 20% of the floor area. Patios, cocktail lounges, and outside dining and drinking area shall be limited to a space serving no more than 50 patrons, and no entertainment or music shall be audible off site. d. 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. e. The Following 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 number of proposed building lots/units, 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. A traffic impact study must be submitted with future entitlement (POD) application(s). 3. The applicant shall coordinate with MCDOT, who has initiated a Transportation Improvement Project (TT0662) involving the signalization of King Drive and Gavilan Peak Pkwy, with future entitlement (POD) application(s). 4. Engineering review of re-zone cases is conceptual in nature. 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. f. 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. g. 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-44-23-151-X-00)

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