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

8. MARRS HEADQUARTERS Case #: Z240021 Supervisor District: 3 Applicant/Owner: Clark Diepholz, Hawkeye Development, LLC / Red Planet Estates, LLC Request: Zone Change with Overlay to IND-2 IUPD Site Location: Generally located at the southwest corner of Happy Valley Rd. and 7th Ave. in the Deer Valley area Commission Recommendation: On 4/10/25 the Commission voted 7-0 (motion by Commissioner Whitney D3, seconded by Commissioner Leighton D4) to adopt a motion recommending the Board of Supervisors approve Z240021 subject to conditions ‘a’ - ‘j’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “705, 711, 811, 825 W Happy Valley Rd“, consisting of 1 full-size sheets, dated March 1, 2025, 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 “Narrative Report“, consisting of 6 full-size sheets, dated March 10, 2025 except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. 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. 2. A Traffic Study/Statement must be submitted with future entitlement (POD) application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4) https://www.maricopa.gov/DocumentCenter/View/303 3. There are Federal Patent Easements within the parcel. No encroachments are allowed within the area unless abandoned. Applicant must contact MCDOT for further interest in the Patent Easement Abandonment Process. 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. 5. Happy Valley Road and 7th Avenue are within the jurisdiction of the City of Phoenix. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 6. 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. d. Commercial building permits are required for any building on-site which have been prior approved for a residential occupancy. Any existing residence on parcel that is a manufactured building must have such an occupancy change processed through Arizona Department of Housing. e. The following IND-2 IUPD standards shall apply: 1. Required landscaping: None 2. Outdoor storage: Allowed and many encroach into the required front and street- side yards 3. Parking Surface Materials: Compacted asphalt millings with petroleum based stabilizer 4. Screening: min. 6’ fencing with view obscuring material f. The IUPD 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 and public sewer system shall be required prior to establishment of any non-residential use that requires potable water. g. 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. h. 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. i. 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. j. 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 for revocation 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-44-25-094-X-00)

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