Vote — approved

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

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

Item Text

6. RANCHO OCHOA Case #: Z2024023 Supervisor District: 5 Applicant & Owner: Holly Reading, Tiffany & Bosco / Jose Ochoa Request: Zone Change with Overlay from Rural-43 SUP to C-3 CUPD Site Location: Generally located approx. 350’ east of the NEC of Broadway Rd. and 67th Ave. in the south Phoenix / Estrella area Commission Recommendation: On 7/11/24, the Commission voted 4-2 to adopt a motion recommending the Board of Supervisors approve Z2024023 subject to conditions ‘a’ – ‘j’: a. Approval of Z2024023 shall rezone the site from Rural-43 SUP to C-3 CUPD. The existing special use permit (SUP, Z2019034) will expire upon effect of the C-3 CUPD zoning. b. The site plan approved under Z2019034 shall be considered an approved plan of development (POD) in the C-3 CUPD zoning district. Development of the site shall comply with the Site Plan entitled “Rancho Ochoa SUP”, consisting of one sheet, dated stamped received on March 2, 2021, except as modified by the following conditions. c. Development of the site shall be in conformance with the Narrative Report entitled “Rancho Ochoa Rodeo and Private Party Rental Space”, consisting of 8 pages dated May 15, 2024, except as modified by the following conditions. d. The following C-3 CUPD standards shall apply: 1. Prohibited Uses: A. MCZO 804.2.2 (Adult Oriented Facilities) B. MCZO 804.2.45 (Medical Marijuana Dispensary and/or Marijuana Establishment and/or Medical Marijuana Offsite Cultivation Location) 2. Parking: 1. For a 10-acre outdoor event venue there shall be a minimum of 500 regular parking spaces and 20 trailer spaces that are paved or surfaced in accordance with or subject to a dust control plan in accordance with Maricopa County Air Quality Department requirements. 2. ADA parking must be paved and provided in accordance with the Maricopa County Zoning Ordinance unless superseded by adopted building / construction safety code. 3. Parking for other uses are subject to MCZO Section 1102.1 Parking Regulations. e.The following Planning Engineering conditions shall apply: 1. Since approval of the SUP, MCDOT has initiated a Transportation Improvement Program (TIP) Project (#TT0575 - Broadway Road: 75th Avenue to 51st Avenue). The applicant shall coordinate with the assigned MCDOT Project Manager Marcellus Lisotta, Marcellus.Lisotta@maricopa.gov or 602-506-4109 to determine if the previously required conditions can be changed to an In-Lieu process for cost share of the project; and to determine if additional right-of-way dedication is required. 2. Any change in use of the property from its current use will require submission of a new Plan of Development application and traffic study. 3. No Site Plan approval is inferred herein other than that approved under case Z2019034. 4. 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. f. The following Maricopa County Environmental Services Department (MCESD) stipulations shall apply: 1. A Public Water System application and a New Source Approval application are required and must be submitted to the MCESD’s Drinking Water Program. A water quality analysis report will be required with submittal and is good within one-year of testing. 2. An Approval to Construct application is required to be submitted to the MCESD’s Subdivision & Infrastructure Program for all water system infrastructure. 3. A Minor Plan Review application must be submitted for any existing system(s) if being utilized and if the applicant believes the existing system(s) are adequate in size to support the new use; otherwise, a new septic permit/install may be required. 4. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. g. Noncompliance with any of the conditions assigned to the approval of this Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures as set forth in the Maricopa County Zoning Ordinance. 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. 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. j. C-3 CUPD zoning approval is conditional in accordance with the Maricopa County Zoning Ordinance, Article 304.6.1. If a pre-annexation utilities services agreement with the City of Phoenix has not been executed within five years of Board of Supervisors approval, the zoning may be considered for revocation back to Rural-43 with reinstatement of the special use permit subject to conditions approved per Z2019034. (C-44-25-007-X-00)

Attachments (1)