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

21. CHANDLER AIRPARK REZONE Case #: Z2023035 Supervisor District: 1 Applicant & Owner: Adam Baugh, Withey Morris Baugh / Kevin Lee Peterson Request: Rezone from Rural-43 to IND-2 IUPD Site Location: Generally located south of the southwest corner of Ryan Rd. and McQueen Dr., in the Chandler area Commission Recommendation: On 6/8/23, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2023035 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezone Narrative”, consisting of 11 pages, dated May 9, 2023 except as modified by the following conditions. b. IUPD overlay is applied to restrict the use of the site until the site is served by a public sewer system. Until such time, uses on the site are limited to those that can be accommodated by septic systems properly permitted by the Maricopa County Environmental Services Department. c. 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. d. Prior to approval of the initial final plat or precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Chandler 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) or approval from MCESD. e. 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. f. 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. g. 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-44-24-008-X-00)

Attachments (1)