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

7. DIVERSIFIED DEVELOPMENT SELF-STORAGE Case #: Z2023127 Supervisor District: 5 Applicant & Owner: Holly Keilman, Tiffany & Bosco / Leslie Williams Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located at Dobbins Rd. and 47th Ave. in the Phoenix area Commission Recommendation: On 3/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2023127 subject to conditions ‘a’ – ‘i’: a. Approval of Z2023127 shall zone APNs 300-12-018C & 300-19-922 to C-2 CUPD subject to the following conditions. b. Development of the site shall be in substantial conformance with the narrative report entitled “Diversified Development – Narrative Report”, consisting of 9 pages, dated 2/2/2024, except as modified by the following conditions. c. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Stack Storage Development“, consisting of 1 full-size sheet, dated August 14, 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. d. 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 or Preliminary Plat) application(s) or a TIS waiver obtained from MCDOT. 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. 4. MCDOT Transportation stipulations: i. Dobbins Road is classified as a minor arterial requiring dedication of a 55- foot half street from the section line. ii. Applicant is required to provide, at the applicant’s expense, an American Land Title Association (“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. iii. Siesta Way is classified as a local roadway requiring dedication of a 25-foot half street from the center line. a. It appears the current Right-of-Way is sufficient for this requirement. iv. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic and MCDOT Permits based on the submittal of a TIA/TIS. v. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. e. The following C-2 CUPD standards shall apply: 1. Parking Regulations: 1 space per 10,000 SF Areas within drive-aisles may count toward parking/loading spaces at 8’x22; per parallel parking spaces so long as adequate width remains for one-way traffic. 5% of spaces shall be ADA. 2. Prohibited uses: i. (701.2.2) Two-family and multiple-family dwellings. ii. (702.2.2) Two-family dwellings iii. (702.2.3) Multiple-family dwellings iv. (702.2.4) Dormitories v. (702.2.5) Recovery communities vi. (702.2.7) Mobile Home Parks vii. (803.2.34) Private clubs and fraternal organizations viii. (803.2.46) Any uses permitted in the R-5 Multi-Family Residential Zoning District ix. (804.2.2) Adult oriented facilities x. (804.2.5) Automobile repair shops and garages, including an outside vehicle storage area to be used for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building. xi. (804.2.15) Department stores. xii. (804.2.16) Drive-in restaurants and refreshment stands. xiii. (804.2.22) Hospitals, group care facilities and detoxification facilities. xiv. (804.2.23) Hotels, resorts, motels. xv. (804.2.26) Liquor stores. xvi. (804.2.45) Medical Marijuana Dispensary and/or Marijuana Establishment and/or Medical Marijuana Offsite Cultivation Location xvii. (804.2.46) Halfway houses xviii. (804.2.47) Boarding houses xix. (1301.1.21) Billboard(s) f. Noncompliance with any Maricopa County Regulation may be grounds for initiating a revocation of this zone change according to the rules and processes as set forth in the Maricopa County Zoning Ordinance. g. Prior to issuance of initial building permits, 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. 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. 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. Failure to comply with any condition may be grounds for consideration of initiating the process to revert the zoning back to the previous Rural-43, in accordance with Maricopa County requirements and procedures. Any action by Maricopa County to revert the zoning shall only occur following any and all required notices (including identification of the specific noncompliance issue) and cure periods and shall be subject to required public hearings before the Planning & Zoning Commission and Board of Supervisors, as set forth in the Maricopa County Zoning Ordinance. 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-44-24-214-X-00)

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