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

12. MCQUEEN ORIOLE COMMERCIAL Case #: Z2024055 Supervisor District: 1 Applicant & Owners: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / James and Alejandra Goethals Request: Zone change from Rural-43 to C-2 CUPD Site Location: Generally located at the SEC of McQueen Rd. and Oriole Way in the Chandler area Commission Recommendation: On 11/7/24, the Commission voted 8-0 to adopt a motion recommending the Board of Supervisors approve Z2024055 subject to conditions ‘a’ – ‘f’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zoning Exhibit for Chandler Fruit Nursery“, consisting of 1 full-size sheet, dated October 8, 2024 and stamped received October 10, 2024, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezone Narrative for Chandler Fruit Nursery”, consisting of 8 pages, dated October 7, 2024, and stamped received October 10, 2024, except as modified by the following conditions. c. The following CUPD standards shall apply: 1. Minimum street side setback: 10’ (except 0’ for existing carport) 2. Minimum side yard setback from rural or residential zoning districts: 10’ (except 8’ for existing grow room, and 1’ for existing greenhouse) 3. Minimum parking surface: asphalt millings or crushed granite 4. Minimum site screening: Chain-link fence with privacy screen (south and east) 5. Minimum setback for illuminated billboard from residential zoning or rural zoning with residential use: 120’ (east), 0’ south 6. All billboard lighting shall be shut off between 11pm and sunrise. 7.The CUPD shall limit entitled uses to the following – until such time as the site is served by public sewer or has been effectively annexed into the City of Chandler: a. Greenhouse or commercial nursey b. Event facility for classes c. Single family residential d. Offsite advertising (billboards) e. Office f. Wireless Communications facility (WCF) g. Accessory buildings and uses incidental to the above d. The following Planning Engineering condition shall apply: 1. 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 tie of application for construction. e. 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. f. 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 with overlay. The zone change with overlay enhances the value of the property above its value as of the date the zone change with overlay is granted and reverting to the prior zoning results in the same value of the property as if the zone change with overlay had never been granted. (C-44-25-050-X-00)

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