Vote — approved

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

Ayes: Clint Hickman, Jack Sellers, Thomas Galvin, Bill Gates, Steve Gallardo

Item Text

9. 101 & NORTHERN AVE Case #: Z2022178 Supervisor District: 4 Applicant & Owner: Bill Lally - Tiffany & Bosco, P.A. / Happy Valley II LLC Request: Zone Change from Rural-43 to C-2 CUPD Site Location: Generally located 400’ east of SEC of Northern Ave. & the Loop 101 Freeway in the Glendale area Commission Recommendation: On 1/26/23, the Commission voted 6-0, to recommend approval of Z2022178 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “101 & Northern: Zoning Exhibit “, consisting of 1 full-size sheet, dated December 7, 2022, and stamped received December 9, 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 “101 & Northern”, consisting of 9 pages, dated December 7, 2022, and stamped received December 9, 2022, except as modified by the following conditions. c. The following C-2 CUPD standards shall apply: 1. Off-Site Billboard Height: 48 ft. 2. Off-Site Billboard Sign Face Area: 672 sq. ft. per sign face d. 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 number of proposed building lots/units, drainage design, access and roadway alignments. These items will be addressed as development plans progress and submitted to the County for further review and/or entitlement. 2. A traffic impact study must be submitted with future (non-billboard) entitlement (POD) application(s) Maricopa County Planning & Development. 3. Northern Avenue is within the jurisdiction of the City of Peoria. The City of Glendale maintains a strip annexation across the site’s frontage as well. The applicant will be responsible for coordinating with both cities to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements for this and future entitlements. 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. e. Prior to a precise plan of development approval for the development of a commercial use requiring utilities, not including billboards uses, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Glendale that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. 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 subject site. 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 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-44-23-211-X-00)

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