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

19. DESERT STUDIOS Case #: Z2023069 Supervisor District: 4 Applicant & Owner: Lindsay Schube, Gammage & Burnham / Belmont Infraco LLC Request: Zone change with overlay from Rural-43 and C-S to IND-2 IUPD Site Location: Generally located at the NWC of Thomas Rd. and 339th Ave. in the Tonopah area Commission Recommendation: On 11/2/23, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023069 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Desert Studios“, consisting of 1 full-size sheet, dated August 31, 2023 and stamped received September 1, 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 “Desert Studios Complex Narrative”, consisting of 19 pages, dated September 1, 2023, and stamped received September 1, 2023, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Without Submittal of a precise plan of development, no development approval is inferred by this review, including, but not limited to number of proposed building lots/units, 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. Both dedication and preservation of right-of-way (R/W) is required for future entitlement/development of this project, unless otherwise waived by MCDOT. a. Dedication requires the R/W to be dedicated through the MCDOT dedication process and be approved by the Board of Supervisors. This process may take up to six months for completion. The required dedications must be completed prior to the issuance of building permits for the project. The dedication process does not need to be completed prior to your planning case approval b. Preservation is the setting aside of land for a future R/W dedication. Preservation requires the project to setback all improvements to be outside of the preserved area. Preservation completed by simply being shown on the plans for the planning case approval. 3. 339th Avenue is classified as a parkway requiring an ultimate right-of-way half width of 100-feet to be preserved (a 65-foot dedication plus 35-foot preservation is required), or as determined by MCDOT. 4. Thomas Road and 347th Avenue are section line alignments classified as future principal arterial roadways requiring a 65-foot half street dedication, respectively. 5. Perimeter mid-section alignments of the proposed development require building setbacks to start from a future half street of 40-feet. 6. A traffic impact study must be submitted with future entitlement (POD) application(s). Any additional dedication and offsite improvement requirements will be determined by MCDOT during the review of the traffic impact study 7. Given the site’s proximity to I-0 and the future I-11 alignment, the applicant should inquire of any concerns with ADOT via their red-letter process (email redletter@AZDOT.gov) 8. Engineering review of re-zone cases s conceptual in nature. 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. d. The following IND-2 IUPD standards shall apply: 1. Max. Height: 80’ 2. Site Screening: Minimum 6’ chain-link fence 3. Parking: One stall per 1,500 sq. Ft. of warehouse/soundstage floor area e. 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. f. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change with overlay as set forth in the Maricopa County Zoning Ordinance. 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 with overlay. 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-44-24-118-X-00)

Attachments (1)