Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

15. CAMELBACK CROSSING SHOPPING CENTER REZONE Case #: Z240009 Supervisor District: 4 Applicant & Owner: Larry Lazarus, Lazarus & Silvyn PC / Madison Plaza 1 LLC Request: Zone change from C-S to C-2 Site Location: Generally located at the southeast corner of Dysart Rd. & Colter St. in the west Glendale area. Commission Recommendation: On 12/5/24, Commissioner Milhaven adopted a motion recommending the Board of Supervisors approve Z240009. Commissioner Curley second which passed by a vote of 4-1 (Ayes: Curley D3, Milhaven D3, Schlosser D4 and Hernandez D4; Nay: Danzeisen D5) subject to conditions ‘a’ – ‘h’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Camelback Crossing Shopping Center Rezone“, consisting of 1 full-size sheet, except as modified by the following conditions; b. Development of the site shall be in substantial conformance with the Narrative Report entitled “Rezoning Narrative C-S to C-2”, consisting of 6 pages, dated October 25, 2024, except as modified by the following conditions. c. 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. d. No commercial driveway access to Colter St. is allowed. Access is limited to emergency vehicle access only. e. Landscaped yard setbacks are required along Dysart Rd. & Colter St. Parking must be screened along Colter St. with low walls or berms. f. The following planning engineering conditions shall apply: 1. This project is located within or adjacent to a programmed MCDOT Transportation Improvement Program (TIP) Project TT0639, Northwest Pavement Overlay and ADA Ramps. Please coordinate with the assigned MCDOT Project Manager Shonnell Gibbs, Shonnell.Gibbs@maricopa.gov or 602-506-8647 This may include the necessity of an In-Lieu process for cost share of project. 2. 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. 3. A traffic impact study must be submitted with future entitlement (PD or Preliminary Plat) application(s). An updated traffic study must address all comments previous made and made available to the applicant by MCDOT on 9/11/2024 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. 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 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 may be considered by the Board after recommendation by the Commission at a public hearing for reversion 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. (C-44-25-062-X-00)