Vote — approved

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

7.BROWN FAMILY PROJECT Case #: Z2021162 Supervisor District: 1 Applicant / Owners: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Brown Family Trust / Sloltz Family Trust / Joshua Brown Request: Zone Change with Overlay Rural–43 to C-2 CUPD Site Location: Approx. 1,640’ east of the NEC of 144th St. and Willis Rd. Commission Recommendation: On 11/3/22, the Commission voted 9-0, to recommend approval of Z2021162 subject to conditions ‘a’ – ‘i’: a. Zoning approval is conditional per Mar

Item Text

7. BROWN FAMILY PROJECT Case #: Z2021162 Supervisor District: 1 Applicant / Owners: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Brown Family Trust / Sloltz Family Trust / Joshua Brown Request: Zone Change with Overlay Rural–43 to C-2 CUPD Site Location: Approx. 1,640’ east of the NEC of 144th St. and Willis Rd. Commission Recommendation: On 11/3/22, the Commission voted 9-0, to recommend approval of Z2021162 subject to conditions ‘a’ – ‘ i ’: a. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years for the initial phase and an additional five (5) years for each subsequent phase, within which time the construction permit for each phase must be obtained. The applicant shall submit a written report every five years from the date of Board of Supervisors approval of Z2021162 which details the status of this project, including progress on obtaining 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 construction permits for each zoning parcel. b. Prior to approval of the precise plan of development approval, except as noted in this condition, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the Town of Gilbert that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). Until the pre-annexation service agreement is executed or a will-service letter is accepted, the only uses permitted shall be those that the Department considers to not require water and wastewater. c. The following C-2 CUPD standards shall apply: 1. Height: 70’ 2. Billboard height:70’ 3. Distance from freeway travel lane for freeway billboard: 556’ 4. Site Screening: Outdoor storage of products and materials may exceed the height of the enclosure, but they shall not exceed 8’. Stored vehicles and related shade structures may not exceed a height of 12’. 5. Minimum distance separation between billboards: 850’ d. CUPD overlay shall prohibit the following uses: 1. Adult orientated facilities 2. Bars 3. Drive-in or drive-thru restaurants 4. Retail sales of gas (butane or propane) 5. Liquor stores 6. Theaters 7. Self-storage 8. Recreation centers with pool halls or billiards e. The following PND Engineering conditions: 1. Drainage 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 the Maricopa County Drainage Policies and Standards. No entitlement is inferred by this review. 2. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance and current engineering policies, standards and best practices at the time of application for construction. 3. Any site development must include a grading and drainage plan prepared by a licensed civil engineer in accordance with Drainage Review Requirements for Precise Plans (Planning Phase) and the Engineered Plan Submittal Requirements (Building Phase). 4. The site is not located in a Special Flood Hazard Area. The Flood Control District has no comments on this application. 5. MCDOT has no comments on this application. 6. The subject premise is NOT located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) is not required for the development of this site. f. 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. g. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this Zone Change with Overlay 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-44-23-152-X-00)

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