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. THOMAS RD. & 195TH AVE. COMMERCIAL Case #: Z2022206 Supervisor District: 4 Applicant & Owner: Adam Baugh, Withey Morris, PLC / Toltec Thomas Holdings LLC Request: Zone Change from Rural-43 to C-2 CUPD Site Location: Generally located at the NEC of Thomas Rd. & 195th Ave. in the Buckeye area. Commission Recommendation: On 3/9/23, the Commission voted 7-0, to adopt a motion recommending the Board of Supervisors approve Z2022206 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Z2022206 zoning exhibit“ , consisting of 1 full-size sheet, except as modified by the following conditions; b. 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 shall be required prior to establishment of any use that requires potable water. c. Administrative approval of a POD 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 PND Engineering comments: 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. A traffic impact study must be submitted with any future entitlement application ( i.e. plan of development). 4. Right-of-Way dedication to provide a half-width of 65-feet along 195th Ave and Thomas Road will be required as part of any future POD. 5. 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 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. f. 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. g. 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. (C-44-23-230-X-00)

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