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

15. NEC OF 195TH AVE. & PALM LANE Case #: Z2022103 Supervisor District: 4 Applicant & Owner: Tiffany and Bosco, PA / SJ Jiggs Enterprises LLC Request: Zone change with overlay from Rural-43 to C-2 CUPD Site Location: Generally located at the NEC of 195th Ave. and Palm Ln. Commission Recommendation: On 6/22/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2022103 subject to conditions ‘a’ – ‘o’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit –APN 502-67-013“, consisting of 1 page, dated May 1, 2023, and stamped received May 1, 2023, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “NEC of 195th Avenue and Palm Lane”, consisting of 10 pages, dated May 1, 2023, and stamped received May 1, 2023, except as modified by the following conditions. 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. 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 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 to address traffic impact and roadway improvements required to support the proposed development must be submitted with the Plan of Development application. A joint access with the property on the south (parcel 502-67-031G) that is fully aligned with the opposite driveway will be considered by MCDOT. County requires the developer to coordinate with the adjacent property on the south (parcel 502-67-631G) to build a joint access. A right-in, right-out driveway along 195th Avenue north of the Palm Lane driveway may be approved upon submittal and approval of a traffic impact study that supports the proposed driveway. 3. 65’ half street right-of-way dedication is required for 195th Ave/Jackrabbit Trail an Urban Principal arterial roadway, consistent with the preferred alternative for the MCDOT 2019 Jackrabbit Trail Corridor Improvement Study. 4. Full half street improvements will be required for 195th Ave/Jackrabbit Trail based on the Urban Principal arterial classification. 5. As the subject site is located within the county’s urbanized Area. The disturbed area is stated as less than 1 acre. At time of building permit submittal, if disturbance remains as less than 1 acres, then a Storm Water Pollution Prevention Permit (SWPPP) from the County will not be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. 6. 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. 7. Engineering review of planning and/or zoning cases is for conceptual design only and does not represent final design approval nor shall it entitle applicants to future designs that are not in conformance with Section 1205 of the Maricopa County Zoning Ordinance and Drainage Policies and Standards; Floodplain Regulations for Maricopa County; and the MCDOT Roadway Design Manual. 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. A public water system shall be required prior to establishment of any use that requires potable water. A pre-annexation services agreement shall be required for any uses that require sanitary sewer. f. The C-2 CUPD zoning district shall prohibit the following uses: adult-oriented businesses, medical marijuana establishments and marijuana establishments. g. The developer shall address all requirements of ADOT as per the e-mail dated July 18, 2022 prior to issuance of construction permits. h. All habitable buildings constructed shall be constructed to attain a noise reduction level as per ARS § 28-8482(B) and Maricopa County building codes. i. All outdoor lighting shall be designed as recommended by the International Dark-Sky Association and shall be in compliance with Section 1112 of the Maricopa County Zoning Ordinance. j. Prior to issuance of the initial 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. k. Amendments to the zone change shall be processed as a revised application in accordance with Maricopa County Zoning Ordinance requirements. l. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for five (5) years within which time a Plan of Development and initial construction permit must be obtained or within which time annexation to the City of Buckeye must occur. m. Noncompliance with the conditions of approval will be treated as a violation in accordance with the Maricopa County Zoning Ordinance, and may be grounds for further action, including zoning revocation, by the Maricopa County Board of Supervisors. n. Non-compliance with the regulations administered by the Maricopa County Environmental Services Department, Maricopa County Department of Transportation, Drainage Review Division, Planning and Development Department, or the Flood Control District of Maricopa County may be grounds for initiating a revocation of this zone change as set forth in the Maricopa County Zoning Ordinance. o. The granting of this zone change has been at the request of the applicant, with the consent of the landowner. The granting of this approval allows the property owner to enjoy uses in excess of those permitted by the land use existing on the date of the application, subject to conditions. In the event of the failure to comply with any condition of approval, the property shall change to the land use designation that existed on the date of the application. It is, therefore, stipulated and agreed that 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 the value of the property from the value it held on the date of application due to such revocation. The zone change enhances the value of the property above its value as of the date the zone change is granted and changing to the prior land use designation results in the same value of the property as if the zone change had never been granted. (C-44-24-013-X-00)

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