Vote — approved

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

Ayes: Jack Sellers, Thomas Galvin, Bill Gates, Clint Hickman, Steve Gallardo

Item Text

9. 10101 WEST BELL CUPD Case #: Z2023149 Supervisor District: 4 Applicant & Owner: William Allison, Withey Morris Baugh, PLC /10101 W Bell Partners, LLC Request: Zone change with overlay from C-2 to C-2 CUPD Site Location: Generally located at the SWC of Boswell Blvd. and Bell Rd. in the Sun City area Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023149 subject to conditions ‘a’ – ‘g’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit for Bell and Boswell“, consisting of 1 full-size sheet, dated August 30, 2023, and stamped received January 17, 2024 except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “10101 West Bell Road CUPD”, consisting of 7 pages, dated January 11, 2024, and stamped received January 17, 2024, except as modified by the following 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 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. A traffic impact study must be submitted with future entitlement (POD) application(s) 3. Engineering review of re-zone cases is 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 CUPD standards shall apply: 1. Minimum separation distance of drive through speaker to residential zoning: 155’ e. Any drive-through speaker box on site shall be oriented away from adjacent residential zoning and include a sound shroud to minimize ambient noise trespass. f. 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. 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. 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-44-24-212-X-00)

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