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

7. HICKEN AIR REZONE Case #: Z240024 Supervisor District: 1 Applicant and Owner: Jessica Sarkissian, Upfront Planning and Entitlements LLC / Hicken Holdings LLC Request: Zone change from Rural-43 to C-2 CUPD with POD for commercial office and storage uses. Site Location: Generally located at the NEC of Willis Rd. & 144th St. Commission Recommendation: On 9/25/25, the Commission voted 8-0 (motion by Commissioner Hernandez D5 seconded by Commissioner Rockwalik D3) to adopt a motion recommending the Board of Supervisors approve Z240024 subject to conditions ‘a’ – ‘g’: a. A Plan of Development is approved subject to site plan entitled “Hicken Air Office & Shop” consisting of 1 full-size sheet, dated July 30, 2025. 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 “Rezone Narrative for Hicken Air”, consisting of 6 pages, dated July 2025 except as modified by the following conditions. c. The following engineering conditions shall apply: 1. 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. 2. The future classification of 144th street is a minor collector. As part of half street improvements dedicate in fee 33’ of ROW to MCDOT along the site frontage of 144th street from the section line. If not already dedicated. 3. 144th street is MCDOT roadway and therefore the driveway A must meet the commercial driveway design per MCDOT Roadway design manual section 7.6.3. 4. Willis Road is under the Town of Gilbert’s jurisdiction. Submit the TIS to TOG for review and approval. Provide approval status during building permitting process. d. The following C-2 CUPD standards shall apply: 1. Max. Height: 40-feet (no height setback from rural/residential required) 2. Min. Street-side Yard: 0-feet 3. Min. Parking Surfacing: Stabilized Decomposed Granite or any dust-controlled surface as per the Maricopa County Air Quality Department 4. Parking: 21 spaces required (1 ADA) 5. Permitted Uses: Art metal and ornamental iron shops Awning and Canvas Stores Billboards Cabinet and carpentry shops Catering establishments Electrical fixtures and appliance repair and services / sales Feed Stores Funeral Home HVAC facilities, repair / storage Laboratories, medical or dental Medical or Dental Office Office Plumbing Shops Upholstery Shops Accessory buildings customarily incidental to the above permitted uses e. Prior to any use, the existing residence shall be converted to commercial use. 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. f. 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. g. 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-44-26-037-X-00)

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