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

12. CHANDLER HEIGHTS RETAIL Case #: Z2023070 Supervisor District: 1 Applicants & Owner: Adam Baugh & Alex Hayes; Withey Morris Baugh PLC / 5C Family Property Inc. Request: Zone Change from Rural-43 to C-2 Site Location: Generally located West of the NWC of Power Rd. & Chandler Heights Rd. in the Chandler Heights area Commission Recommendation: On 9/14/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023070 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Proposed Zoning Map“, consisting of 2 full-size sheets, 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 “W of NWC of Chandler Heights Rd and Power Rd Rezone Narrative”, consisting of 11 pages, dated July 31, 2023, and stamped received July 31, 2023, except as modified by the following conditions. c. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6. The matter may be considered for reversion of zoning to Rural-43, if a building permit has not been completed establishing a commercial use within five years from the date of Board approval of the C-2 zoning. A pre-annexation utilities services agreement with the Town of Queen Creek must be executed prior to zoning clearance for any commercial building permit and copy provided to the Maricopa County Planning and Development Department. The agreement will detail when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation utilities service agreement for either or both water and sewer service, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider(s). d. The following engineering requirements: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. 2. Chandler Heights Blvd. is within the jurisdiction of the Town of Queen Creek. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 3. The subject premises is located within the County’s Urbanized Area. If the project will disturb one (1) acre or more, a Storm Water Pollution Prevention Permit (SWPPP), issued by the County (PND), will be required prior to issuance of any building permits required for site development. 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering 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. 5. 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. 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. 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-44-24-065-X-00)

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