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

6. ELLIOT CORNER COMMERCIAL Case #: Z2021115 Supervisor District: 5 Applicant & Owner: Paul Gilbert, Beus Gilbert McGroder , PLLC / Elliot Corner, LLC Request: Zone Change with Overlay from R1-35 to C-1 CUPD Site Location: Generally located at the SWC of Tuthill Rd. and Elliot Rd. in the Goodyear/Buckeye area. Commission Recommendation: On 3/9/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2021115 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Elliot Corner Commercial Zoning Exhibit“ , consisting of 1 full-size sheets, dated February 27, 2023, and stamped received February 27, 2023, 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 “Elliot Corner Commercial”, consisting of 7 pages, dated January 13, 2023, and stamped received January 18, 2023, except as modified by the following conditions. c. The following CUPD standards shall apply: 1. Total Building Area on subject site: 70,000 sq. ft. 2. Individual Building Maximum size: 20,000 Sq. ft. 3. The following uses will be prohibited: a. Day Nurseries b. Schools c. Liquor stores d. Restaurants and Cafes e. Multi-Family Residential f. Single family except on lots of 35,00 sq. ft. or greater d. Upon build-out of public sewer services to site the CUPD uses may be revisited via a stipulation modification pending approval of the Board of Supervisors. e. 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. f. Development of the site shall conform with design standards laid forth in the El Rio Scenic Corridor. g. The following PND 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 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) to identify the need for any offsite road/right-of-way improvements. 4. Dedication of right-of-way for arterial (65’) alignments (Elliot Road and Tuthill Road) may be required as part of future entitlement application(s). 5. All development and engineering design shall be in conformance with Section 1205 of the Maricopa County Zoning Ordinance; MCDOT Roadway Design Manual; and current engineering policies, standards and best practices at the time of application for construction. h. 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-44-23-233-X-00)

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