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

7. PATTERSON 5 Case #: Z2022118 Supervisor District: 1 Applicant & Owner: Jessica Sarkissian, Upfront Planning & Entitlements, LLC / JDP Properties Request: Zone Change with Overlay from Rural-43 to C-3 CUPD Site Location: Generally located at the SEC of Riggs Rd. and Sossaman Rd. in the Queen Creek area Commission Recommendation: On 1/23/25, the Commission voted 5-0 (motion by Acting Chair Milhaven D2, seconded by Commissioner Curley D3) to adopt a motion recommending the Board of Supervisors approve Z2022118 subject to conditions ‘a’ – ‘l’: a. Development of the site shall be in substantial conformance with the Site Plan entitled, “Site Plan” consisting of 11 full-size sheets dated October 21, 2024, and stamped received December 4, 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 “Zone Change With Overlay from RU-43 to C-3 CUPD”, consisting of 9 pages, dated December 4, 2024 except as modified by the following conditions. c. Development of the site shall be in substantial conformance with the Landscape Plan entitled “Riggs & Sossaman Retail & Storage”, consisting of 4 pages, dated October 21, 2024 except as modified by the following conditions. d. The following Planning Engineering conditions shall apply: 1. 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. 2. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the site’s drainage infrastructure. 3. Detailed Grading and Plans must be submitted with the application for Building Permits. Drainage Report must be included. 4. At the time of application of the Building Permit, extend spreader basin to the driveway as part of the final design. 5. At the time of application of the Building Permit, update the offsite drainage design to accommodate all flows from the south. Extend the channel along the southern property line to collect flows from the south. 6. At the time of application of the Building Permit, update the onsite drainage to include the landscape area on the property along Riggs Road. Update the retention calculations and the underground storage pipe lengths. 7. Channel grades and resultant velocities within the east channel exceed those which would allow for unlined systems. At the time of application of the Building Permit, the final design of the east channel will warrant stabilization. 8. At the time of application of the Building Permit, update the channel with freeboard per DPSM Standard 6.8.7. 9. The subject site is located within the County’s Urbanized Area. A Storm Water Pollution Prevention Permit (SWPPP) from the County will be required prior to issuance of any construction permits. This does NOT preclude the requirement to obtain a Notice of Intent to Discharge (NOID) from the State (ADEQ), as may be required. e. The following C-3 CUPD Zoning District development standards shall apply: 1. Parking - 1 per 250 sq. ft. of floor area for retail, office and commercial uses with enclosed vehicle and trailer storage areas not included in floor area calculation 2. Screening/Buffering - 8’ screen wall required along south and east property line and 3’ tall landscape screening for parking along the western side to address restrictions due to the existing drainageway 3. Landscaping - Landscaping strip waived in lieu of landscape plan 4. Sight Visibility Triangles (SVTs) – Two (2) sight visibility triangles waived along the gated emergency access on Indiana. All other required sight visibility triangles shall remain f. 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 shall be required prior to establishment of any use that requires potable water. A utility services agreement with the Town of Queen Creek shall be required for any uses that require sanitary sewer. g. The CUPD overlay shall prohibit the following uses: adult-oriented facilities; amusement enterprises and outdoor amusement parks; auction sales, including swap meet operations; automobile laundries; automobile repair shops and garages, including outside vehicle display and storage; automobile and golf cart sales, new and used, service and rental; bars, including retail sales of packaged goods for off-site consumption; billboards; boat sales, service and rental, including outdoor displays; bowling alleys; bus depots; circus and carnival grounds having permanent facilities; dance halls and nightclubs, including outdoor amplified music; drive-in or drive-thru restaurants and refreshment stands; drive-in or outdoor theaters; equipment rentals and sales, but not including equipment customarily used for heavy construction; frozen food lockers, including processing but not slaughtering of animals; funeral homes, mortuaries and chapels; hospitals; hospitals, clinics and kennels for animals; hotels, motels, resorts; liquor stores; lumber yards not including industrial milling or planning operations; medical marijuana dispensary facilities and/or marijuana establishment; miniature golf courses and driving ranges; mobile home, travel trailer and recreation vehicle sales and service; outdoor race tracks; parking lots and public garages, vehicle storage; permanent facilities for rodeos, auctions, swap meets, campgrounds, and sites rented for private parties; pet boarding of cats and dogs and other small animals; printing, lithography and publishing establishments; recreation centers with pool halls or billiards; stone monument sales; theaters, not drive-in or adult-oriented; trade schools; truck stops, with customary accessory facilities including but not limited to restaurant, convenience retail, motel, truck wash, and minor repair facilities but not including major repair, freight storage, freight handling, warehousing or distribution facilities; veterinary hospitals, clinics and kennels for dogs, cats and small animals; and, zoos, including the keeping of wild or exotic animals on a private or commercial basis. h. Prior to issuance of the initial 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. i. Any lighting shall be placed so as to reflect the light away from adjacent residential districts. All outdoor light fixtures shall be fully shielded and directed downward. Additionally, all interior lighting visible to the exterior of the property through windows shall also be fully-shielded and directed downward. j. 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. k. 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. l. 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, and at the time of expiration of the Zone Change, 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, or the expiration of the Zone Change, 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 or expiration 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-44-25-079-X-00)

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