Vote — approved

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

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

Item Text

14. SEC OF OCOTILLO ROAD AND VAL VISTA DRIVE REZONE Case #: Z250011 Supervisor District: 1 Applicant and Owner: Adam Baugh, Withey Morris Baugh, PLC / VVO 1 LLC Request: Zone Change with Overlay from Rural-43 to C-2 CUPD Site Location: Generally located at the southeast corner of Ocotillo Rd. and Val Vista Dr. in the Gilbert area Commission Recommendation: On 7/24/25, the Commission voted 6-0 (motion by Chairman Lindblom D1, seconded by Commissioner Witney D3) to adopt a motion recommending the Board of Supervisors approve Z250011subject to conditions ‘a’ – ‘j’ with staff recommended revised conditions in the handout memo dated July 22, 2025 and with a further revision approved by the Commission. a. Development of the site shall be in substantial conformance with the Narrative Report entitled “SEC of Ocotillo Road and Val Vista Drive”, consisting of 13 pages, dated June 25, 2025, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the conceptual site plan entitled “Ocotillo Road and Val Vista”, consisting of 2 pages, dated June 25, 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 impact study must be submitted with future entitlement (POD or Preliminary Plat) application(s). Due to the preliminary nature of this zone change request MCDOT traffic did not comment on the zone change review and will make comments once more details are provided in the future entitlements. 3. 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. Prior to precise plan of development approval, other than for self-storage uses, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation utilities service agreement with the Town of Gilbert that identifies the detail for when the proposed project will be annexed and the provision of water and sewer service. In lieu of pre-annexation service agreement the developer must provide a ‘will serve’ letter from the certificated water and sewer providers. e. The following C-2 CUPD standards shall apply: 1. C-2 CUPD: A. Maximum Height: 45’ B. Minimum Front Yard: 25’ Landscaped Area (except minimum 0’ front yard setback required for parcels fronting a parking area rather than a street) C. Minimum Side Yard or Street-Side Yard: 20’ Landscaped Area (except self-storage 10’ setback) D. Minimum Rear Yard: 20’ except self-storage 10’ setback E. Minimum Parking: 1 per 20,000 sf self-storage space F. Prohibited Uses: adult-oriented businesses, marijuana establishments, billboards G. Permitted uses: All other uses permitted in the C-2 zoning district except as noted in condition ‘f’ below. f. The 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 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 the uses 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-44-26-015-X-00)