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

11. CAREFREE COMMERCIAL Case #: Z250009 Supervisor District: 3 Applicant and Owner: Brad Garcia, Century Builders ND/ Brandt Family Ventures, LLC Request: Zone change with overlay from Rural-43 to C-2 CUPD Site Location: SEC of Carefree Hwy. and Central Ave. in the Desert Hills area Commission Recommendation: Commission Action: On 9/11/25, the Commission voted 8-0 (motion by Commissioner Whitney D3, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors deny Z250009. However, staff’s report to the Commission included condition ‘a’ – ‘l’ for approval: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Carefree Commercial“, consisting of one full-size sheet, dated June 4, 2025, and stamped received June 16, 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 “Carefree Commercial”, consisting of 11 pages, dated July 17, 2025, and stamped received July 17, 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. 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. e. 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. f. This CUPD overlay shall prohibit the following land uses: 1. Marijuana establishment and dispensaries. 2. Adult-oriented establishments. 3. Auctions. 4. Vehicle Repairs. 5. Storage of hazardous materials. 6. Any use that requires access to urban services, such as water lines and sewer lines, as determined by MCESD. g. This CUPD overlay shall limit entitled land uses to the following: 1. Neighborhood commercial. 2. Professional offices. 3. Self-service storage facility. h. The following C-2 CUPD development and design standards shall apply: 1. Maximum building height of 30’ 2. Minimum 70’ landscape setback from the Carefree Hwy. right-of-way inclusive of a ten foot wide multi-use trail along the entire frontage of Carefree Hwy. 3. There shall be a min. 25’ deep landscape setback along the right-of-way of Central Ave. 4. Minimum 10’ wide landscape setback/drainage channel along the southern boundary. 5. Development shall abide by all design guidelines listed for the Carefree Highway Scenic Corridor, except as specifically deviated by these conditions of CUPD approval. i. All outdoor lighting shall be in conformance with Section 1112 of the Zoning Ordinance, including any outdoor lighting under the roof of open shade structures, and must be shielded directing illumination downward at least twenty degrees below the horizonal plane at the bottom of the light source and so as not shine onto any adjacent property in rural or residential zoning districts. Further there shall be no indoor lighting source above 20’ in height allowed to illuminate exterior from the building. j. 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. 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, 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. To be continued to November 5, 2025 - Board of Supervisors' hearing. (C-44-26-032-X-00)