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

5. 195TH & THOMAS COMMERCIAL Case #: Z2023115 Supervisor District: 4 Applicant & Owner: Adam Baugh, Withey Morris Baugh, PLC / Toltec Thomas Holdings LLC Request: Major amendment to C-2 CUPD zoning with a Plan of Development Site Location: Generally located at the NEC of Thomas Rd. & 195th Ave. in the Buckeye area Commission Recommendation: On 1/23/25, the Commission voted 5-0 (motion by Commissioner Montoya D5, seconded by Vice-Chairman Lindblom D1) to adopt a motion recommending the Board of Supervisors approve Z2023115 subject to conditions ‘a’ – ‘h’: a. A Plan of Development is approved subject to site plan entitled “Self Storage Facility for Evergreen Investment Company” consisting of 4 full-size sheets, dated October 11, 2024. The Plan of Development may be amended administratively under separate application as long as the amendment complies with the established CUPD development standards as approved by the Board of Supervisors. 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 “NEC Of Thomas Road And 195TH Avenue CUPD”, consisting of 26 pages, dated November 18, 2024, except as modified by the following conditions. c. The following C-2 CUPD zoning district standards shall apply: 1. Minium side yard (east lot line): 0-feet 2. Minium rear yard (north lot line): 10-feet 3. Maximum lot coverage: 66% 4. Minimum sight visibility triangle (SVT): 25-feet X 14-feet 5. Parking standards per ordinance except for self-storage facilities: 1 parking stall per 20,000 sq. ft. of self-storage space; 1 unloading stall per 20,000 sq. ft. of self-storage space. 6. The CUPD shall limit entitled uses to indoor self-storage facilities. d. The following MCDOT conditions shall apply: 1. Thomas Road is classified as a future principal arterial requiring dedication of a 65-foot half street from the section line. The ROW dedication must be completed before the building permit can be issued. 2. The Site Plan shows new ROW on Catalina Drive. It should be understood that MCDOT will not accept dedication of this ROW. 3. Any additional dedication and offsite improvement requirements will be determined by MCDOT Traffic and MCDOT Permits based on the submittal of a TIA/TIS. 4. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. Applicant to contact the City of Buckeye regarding access, right-of-way, and required improvements to 195th Avenue. e. The following 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 Drainage (Site Infrastructure) Plans must be submitted with the application for Building Permits. All wall/fence details must be on the G&D plan. f. 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. g. 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. 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 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. (C-44-25-083-X-00)

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