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

20. DOLLAR GENERAL TONOPAH Case #: Z2023146 Supervisor District: 5 Applicant & Owner: Chris Bertch, AICP, The WLB Group, Inc. / James Speros Request: Zone change with overlay from Rural–43 to C-1 CUPD Site Location: Generally located 2,650 feet east of the SEC of 331st Ave and Baseline Rd. in the Buckeye area Commission Recommendation: On 4/11/24, the Commission voted 5-0 to adopt a motion recommending the Board of Supervisors approve Z2023146 subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Zoning Exhibit “, consisting of 2 full-size sheets, dated February 7th, 2024, and stamped received February 27th, 2024, 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 “Dollar General Project Narrative (2nd submittal)”, consisting of 10 pages, dated February 27th, 2024 and stamped received February 27th, 2024, except as modified by the following conditions. c. 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. d. 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. The traffic impact study is being reviewed for the future entitlement (POD) applications(s) 3. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 1205 if 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. e. Documentation that the City of Buckeye has reviewed proposed site layout shall be provided prior to approval of any plan of development on site. f. Prior to submittal of plan of development, the subject parcel shall have completed a minor land division as per the legal description provided by the applicant so that the area subject to the zone change is it’s own parcel. 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. 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 be considered for reversion to the zoning that existed on the date of application in accordance with Maricopa County Zoning Ordinance requirements and procedures. . 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-44-24-226-X-00)

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