Vote — approved

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

13.WESLEY TOY BARN Case #: Z2023090 Supervisor District: 3 Applicant & Owner: Alex Hayes, Withey Morris Baugh, PLC / Scenic Foothills LLC and Wu Hoi Shan Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located northwest of the intersection of Cave Creek Rd. and 53rd St. in the Phoenix/Cave Creek area. Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023090 subject to conditions ‘

Item Text

13. WESLEY TOY BARN Case #: Z2023090 Supervisor District: 3 Applicant & Owner: Alex Hayes, Withey Morris Baugh, PLC / Scenic Foothills LLC and Wu Hoi Shan Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located northwest of the intersection of Cave Creek Rd. and 53rd St. in the Phoenix/Cave Creek area. Commission Recommendation: On 12/7/23, the Commission voted 6-0 to adopt a motion recommending the Board of Supervisors approve Z2023090 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the narrative report entitled “Rezone Narrative consisting of 13 full-size sheet, dated November 3, 2023, except as modified by the following conditions. Staff may determine slight refinements to remain in substantial conformance with the approved narrative report. 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 Zoning Exhibit entitled “Carefree Toy Barn“, consisting of 1 full-size sheet, dated October 18, 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. c. The following planning engineering conditions apply: 1. Any new site improvements will require a Plan of Development and Traffic Impact Study. 2. The submitted site plan shows development within the federal patent easement area. The site is encumbered by Federal Patent easements. Unless abandoned, these easements must remain intact for their intended use. See link below for abandonment process. https://www.maricopa.gov/775/Abandonment-of-Patent-Easements. This must be completed prior to issuance of building permits. 3. 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, site 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. 4. 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. d. The following CUPD standards shall apply: 1. Allowed Uses: Uses shall be limited to individual, non-residential garage/storage units with an associated clubhouse. Residential platted subdivisions shall be prohibited including, but not limited to residential condominium plats, townhouse plats, and single-family residence plats. 2. Setbacks: Rear Setback (West): 58’ minimum along 52nd St. Side Setback (North): 15’ minimum Side Setback (South): 5’ minimum 3. Lighting Maximum height: 10’ maximum – 6’ maximum within 58’ setback adjacent to 52nd St. 4. Building Height Maximum height: 28’ maximum (including parapet) 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. The following design conditions shall apply: 1. Adjacent to residential uses, all improvements with the exception of landscaping, utilities and approved pathways shall be located outside the building setbacks. 2. A landscape buffer shall be included along the subject parcel at 52nd Street. The landscape buffer shall include at a minimum one 36” box tree every 20 feet along 52nd Street and 5-gallon native plants/cacti every 10 feet. Existing saguaros on the Property are to be protected and may be replanted within landscape buffer. 3. No emergency access shall be located on 52nd Street. 4. Block facia along 52nd Street corridor shall be consistent with muted desert tones of tans and browns. 5. Enhanced architecture of a southwestern theme shall be provided on west elevations Building A and Building E. 6. All parts of the perimeter which are adjacent to a residential zone shall be screened by a fence or wall. 7. No noise, odor or vibration shall be emitted so that it exceeds the general level of noise, odor or vibration emitted by uses outside the site. Such comparison shall be made at the boundary of the site. g. 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. h. The property owner/s and their successors waive claim for diminution in value if Maricopa 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-44-24-152-X-00)

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