Vote — approved

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

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

Item Text

8. FRY’S FUEL STATION Case #: Z240027 Supervisor District: 3 Applicant / Owner: Shaine T. Alleman, Tiffany & Bosco P.A. / 7960 East Thompson Peak Parkway, LLC. Request: Zone Change Major Amendment to delete the stipulated use limitations in the C-1 CUPD zoning district Site Location: Generally located at the NWC of Gavilan Peak Pkwy. & King Dr. in the Anthem area Commission Recommendation: On 5/8/25 the Commission voted 9-0 a motion by Commissioner Whitney D3, seconded by Commissioner Lawrence D1 to recommend the Board of Supervisors approve Z240027 subject to conditions ‘a’ – ‘i’ as follows: a. A Plan of Development is approved subject to the site plan entitled “Fry’s #78 Fuel Center,” consisting of three full-size sheets, dated April 28, 2025, and stamped received April 29, 2025. The Plan of Development may be amended administratively under a 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 “NWC of Gavilan Peak Parkway & King Drive,” consisting of eight pages, dated April 2025, and stamped received April 29, 2025, except as modified by the following conditions. c. The following C-1 CUPD standards shall apply: 1. Menu boards for drive-thru restaurants containing speakers shall not be located any closer than 90 feet to a rural or residential zone. 2. A solid wall shall not be required along and adjacent to any side or rear property line abutting any rural or residential zone boundary. 3. Adjacent to any rural or residential zone, screening of parking areas from view shall not be required. 4. Sight visibility triangles shall not be required at the King Drive driveway or at the southeast property corner. d. The following Planning Engineering (MCDOT Transportation) conditions shall apply: 1. During building permit phase, the applicant will be required obtain a Right of way permit for any work being performed in MCDOT Right of way at Gavilan Peak Parkway. This includes paving, driveways and any wet or dry utility connections. 2. Access point on Gavilan Peak Parkway, is acceptable as a limited access driveway, allowing only right turns into and out of site. 3. Access point on King Drive is accepted as a full access driveway providing all movements into and out of site. 4. Developer shall contribute a minimum of 25% of the total signal cost (design, furnish, and installation) to MCDOT TIP TT0662 prior to permit(s) approval. Additionally, the developer shall comply with the requirements outlined by the TT0662 project for other project requirements such as additional right of way, easement dedication, utility related work and half street improvements along the project site frontage. Therefore, developer shall coordinate with MCDOT project manager, Shonnell.Gibbs@maricopa.gov for final contribution amounts for future signalization of the intersection and for additional project requirements. 5. Applicant is required to provide, at applicant’s expense, an American Land Title Association(“ALTA”) Owner’s Policy of Title Insurance showing title vested in Maricopa County, a political subdivision of the State of Arizona. 6. Applicant to notify ADOT of proposed project through the Red Letter Process, RedLetter@azdot.gov, due to the proximity to the I-17. e. The following Planning Engineering (Drainage) conditions shall apply: 1. Sealed grading and drainage plans and a drainage report is required with the building permit application. 2. The 100 yr 2hour storm event onsite retention is required to be retained onsite and methods of percolation/disposal to show the runoff will be removed/dissipated with 36 hours. Onsite retention volumes are for entire parcel plus half street adjacent right of way in accordance with County manuals stated in item 4. A runoff coefficient value of C=0.95 for commercial development shall be used. 3. Onsite retention basins for this development cannot be located in the existing or future right of way and/or any existing or future easements. 4. Half street roadway on Gavilan peak parkway to be retained onsite or explained in the drainage report and shown on plans where this runoff is accounted for, if not addressed half street right of way runoff shall be accounted for onsite with this project. 5. Storm water pollution plans and permits are required with building permit application. 6. 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. 7. 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. 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. Noncompliance with any of the conditions assigned to the approval of this Zone Change Major Amendment 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 property owners and their successors waive claim for diminution in value if the County takes action to rescind approval due to noncompliance with conditions. i. 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 Major Amendment. The Zone Change Major Amendment enhances the value of the property above its value as of the date the Zone Change Major Amendment is granted and reverting to the prior zoning results in the same value of the property as if the Zone Change Major Amendment had never been granted. (C-44-25-104-X-00)

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