Vote — approved

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

7.DESERT FOOTHILLS GARDENS NURSERY Case #: Z2023052 Supervisor District: 3 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Scenic Foothills, LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located at the NWC of Cave Creek Road and Westland Road in the north Phoenix/Cave Creek area Commission Recommendation: On 1/11/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023052 subject to

Item Text

7. DESERT FOOTHILLS GARDENS NURSERY Case #: Z2023052 Supervisor District: 3 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / Scenic Foothills, LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located at the NWC of Cave Creek Road and Westland Road in the north Phoenix/Cave Creek area Commission Recommendation: On 1/11/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023052 subject to conditions ‘a’ – ‘j’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit for Desert Foothills Gardens Nursery,” consisting of one full-size sheets, dated October 20, 2023, and stamped received October 20, 2023, except as modified by the following conditions. A revised zoning exhibit shall be submitted within 30 days of Board approval that reflects substantial conformance with condition ‘d’ as it pertains to the revised C-2 CUPD standards and condition ‘f’ as it pertains to design 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 “Rezone with Overlay Narrative for Desert Foothills Gardens Nursery”, consisting of seven pages, dated December 2023, and stamped received December 19, 2023, except as modified by the following conditions. A revised narrative shall be submitted within 30 days of Board approval that reflects substantial conformance with condition ‘d’ as it pertains to the revised C-2 CUPD standards and condition ‘f’ as it pertains to design conditions. c. 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 number of proposed buildings, 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 (i.e., POD). 2. Unless abandoned, no improvements that would inhibit access is permitted within existing Patent Easements within or surrounding the site. 3. Dedication of right-of-way across the site’s Westland Road frontage is required to provide a half-width of 40 feet measured from the mid-section line. The dedication shall occur within 6 months of BOS approval or prior to the issuance of any building permit(s) for the site, whichever occurs first. 4. Cave Creek Road and N. 52nd Street are within the jurisdiction of the Town of Cave Creek. The applicant will be responsible for coordinating with the Town to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements needed to provide suitable access to the site. 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. d. The following C-2 CUPD standards shall apply: 1. Allowed uses shall be limited to: a. Nurseries (flower and plant sales) provided all incidental equipment and supplies are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six feet in height. No artificial goods, materials, or objects displayed or stored outdoors may be stacked higher than the fence or wall erected. Natural plants displayed, stored, and sold onsite as part of the nursery’s inventory may exceed the height of screening. b. Accessory buildings and uses customarily incidental to the above. c. One static, non-illuminated billboard 2. Maximum building/structure/billboard height: 28’ 3. Maximum height of exterior lighting: 10’ (six feet within west side setback) 4. Minimum number of parking spaces: one space per 1,250 square feet of retail commercial floor area 5. Surfacing for parking and onsite circulation of plant nurseries and ancillary uses: stabilized decomposed granite except as required for ADA spaces 6. All portions of the perimeter adjacent to residential zoning shall be screened by a fence or wall at least six feet in height. 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 and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. f. The following design conditions shall apply: 1. Wireless communication facilities (WCFs), digital billboards, illuminated billboards, and billboard embellishments shall be prohibited. 2. Adjacent to residential uses, all improvements except for landscaping, utilities, and approved pathways shall be located outside the building setbacks. 3. A landscape buffer shall be included within the building setback parallel to 52nd Street. 4. Display or storage of any equipment and supplies incidental to the nursery shall be prohibited within the building setback parallel to 52nd Street. 5. Parking and loading areas shall be prohibited within the building setback parallel to 52nd Street. 6. Vehicle access shall be prohibited along 52nd Street. 7. Screening along the Cave Creek Road frontage shall consist of a combination wrought-iron fence and/or adobe wall at least six feet in height. The fence/wall shall be located outside the ultimate right-of-way and any sight visibility triangles. Live landscaping shall be provided on the external side of the fence/wall to help soften its appearance. 8. There shall be a landscape setback within all territory outside right-of-way as measured within 105’ of the centerline of Cave Creek Road. Within this landscaped setback, there shall be no buildings / structures, including billboards or fences / walls. g. 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. h. 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. i. The property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. j. 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-44-24-166-X-00)

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