Vote — approved

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

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

Item Text

26. SHOPS AT RIO VERDE Case #: Z2022221 Supervisor District: 2 Applicant & Owner: Wendy Riddell, Berry Riddell LLC / Rio Verde Drive LLC Request: Zone Change from Rural-43 to C-2 CUPD Site Location: Southwest corner of 174th St. and Rio Verde Dr. in the Rio Verde Foothills area Commission Recommendation: On 6/8/23, the Commission voted 6-1 to adopt a motion recommending the Board of Supervisors approve Z2022221 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Map“, consisting of 1 full-size sheet, and stamped “Received 5-1-2023”, except as modified by the following conditions; b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Shops At Rio Verde”, consisting of 7 pages, dated April 24, 2023, except as modified by the following conditions; c. Development of the site shall include nighttime light mitigating measures which shall include but not limited to fully shielded, downward facing, side shielded under canopy fixtures facing downward at a minimum 20-degree angle below the horizontal plane of the bottom of the light fixture as well as prohibiting backlit commercial signage for outdoor use. Future site plan of developments shall include a site photometric lighting plan to ensure conformance to this condition; d. The following C-2 CUPD standard shall apply: 1. Residential Screening Requirement: 8’ solid wall e. The C-2 CUPD shall prohibit the following uses: 1. Adult Orientated Facilities 2. Billboards/Off-Site Signage 3. Boarding Houses 4. Boat Sales 5. Detoxification Facilities 6. Funeral Homes, Mortuaries & Chapels 7. Halfway Houses 8. Hotels, Resorts & Motels 9. Liquor Stores 10. Marijuana Facilities 11. RV & Mobile Home Parks 12. Multi-Family Residential 13. Parking Lots & Public Garages 14. Recovery Communities 15. Dormitories; f. 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 buildings, 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. Engineering review of planning and/or zoning cases is for conceptual design only. 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. g. 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; 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-44-24-003-X-00)

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