Vote — approved

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

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

Item Text

8. RITTENHOUSE COMMERCIAL Case #: Z2024043 Supervisor District: 1 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements / Gonzalez Andrea Request: Zone change from Rural-43 to C-2 CUPD for commercial uses Site Location: Generally located at the southwest corner of Rittenhouse Road and 196th St. Commission Recommendation: On 10/24/24, the Commission voted 7-0 to adopt a motion recommending the Board of Supervisors approve Z2024043 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Rittenhouse Commercial Zoning Exhibit “, consisting of 1 full-size sheet, dated June 25, 2024, and stamped received September 10, 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 “Rittenhouse Commercial”, consisting of 8 pages, dated October 2024, and stamped received October 25, 2024, except as modified by the following conditions. c. The following C-2 CUPD standard shall apply: 1. Maximum building height: 30 ft. 2. Min. rural/residential zoning district and/or use separation for an illuminated billboard: 47 ft. 3. Min. rural/residential zoning district and/or use separation for a billboard: 47 ft. d. The following Planning Engineering conditions shall apply: 1. Any new site improvements and to establish any new, additional or change in commercial use will require a Plan of Development and Traffic Impact Study. The Plan of Development submittal would require a Grading and Drainage Plan to show conformance to the County Drainage Regulations. 2. E. Rittenhouse Road is within the jurisdiction of the Town of Queen 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. 3. There is a mid-section line alignment located on the east side of the proposed development requiring building setbacks to start from a future half street of 40-feet per the Maricopa County Zoning Ordinance Section 1105 unless a right-of-way waiver is granted by MCDOT. 4. Without the submittal of a plan of development, no development approval will be inferred by the engineering review, including, but not limited to 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. 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. e. Prior to a precise plan of development approval for the development of a commercial use requiring utilities, not including billboards uses, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the Town of Queen Creek that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. f. 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 subject site. Prior to issuance of the certificate of occupancy, local fire protection jurisdiction review and approval will be required. g. 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. 1 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. Additional recommended condition: Staff and applicant request the Board to include condition ‘j’ to address the billboard lighting to be turned off by 11:00 p.m. based upon comments presented by the Town of Queen Creek due to proximity to residential uses. j. The illuminated billboard shall be turned off by 11:00 p.m. (C-44-25-039-X-00)

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