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. SONORAN LANDINGS (CONTINUED FROM DECEMBER 11, 2024) Case# Z240019 Supervisor District: 1 Applicant and Owner: Owen Metz, Chandler Acquisition I, LLC c/o Dominium Inc. / Chandler Acquisition I, LLC Request: Zone Change from Rural-43 to IND-2 IUPD Site Location: Generally located at the NWC of Ocotillo Rd. & Pinelake Wy. In the Chandler area Modified Conditions: The Commission recommended approval of the original proposal. However, as the project was modified, staff offers the following conditions ‘a’ – ‘l’ for the Board’s consideration: a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “NEC Ocotillo Road & Pinelake Way“, consisting of one full-size sheet, dated 9/26/2025, and stamped received 9/26/2025, 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 “Chandler Leased Housing Associates I, LP (A Dominium-Related Company)” consisting of 18 pages, dated 9/26/2025, and stamped received 9/26/2025, except as modified by the following conditions. c. The following IND-2 IUPD development standards and use regulations shall apply: 1. Maximum Building Height: 54 ft. 2. Site Screening: Min. 6’ Solid Wall (Min. 3’ at Street Fronts for parking areas) 3. The following uses are prohibited: a) Multiple-family residential. b) Adult oriented facilities as defined in Chapter 2. c) Medical Marijuana Dispensary and/or Marijuana Establishment and/or a Medical Marijuana Offsite Cultivation Location. d) Experimental and proving grounds. e) Farms as defined in Chapter 2. f) Truck terminals, including service and storage. g) Marijuana Testing Facilities. h) Emergency housing – Temporary shelter required due to a natural disaster or fire or other circumstances determined to constitute and emergency by the zoning inspector. i) Gardens and community gardens as defined in Chapter 2. j) Amusement enterprises and outdoor amusement parks. k) Auction sales, including swap meet operations. l) Circus and carnival grounds having permanent facilities. m) Dance halls and nightclubs, including outdoor amplified music, except adult oriented facilities as defined under Chapter 2 of this ordinance may not have outdoor music or entertainment. n) Drive-in or outdoor theaters. o) Miniature golf courses and driving ranges. p) Outdoor race tracks. d. 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). MCDOT Comments to be addressed with POD. 3. Drainage report and Grading and Drainage Plans must be submitted with future entitlements. 4. 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. e. 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. f. Prior to precise plan of development approval, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Chandler that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a pre-annexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. g. 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. h. All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. i. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial phase of development to have an issued construction permit which must be pursued to completion. j. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change 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 shall revert 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. Commission Recommendation: On 11/21/2024, the Commission voted 5-1 (motion by Commissioner Schlosser D4, seconded by Commissioner Montoya D5) to adopt a motion recommending the Board of Supervisors approve Z240019 subject to conditions ‘a’ – ‘m’. a. Development of the site shall be in substantial conformance with the zoning exhibit entitled “Sonoran Landings“, consisting of two full-size sheets, dated November 1, 2024, and stamped received November 1, 2024, 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 “Chandler Leased Housing Associates I, LP (A Dominium-Related Company)” consisting of 38 pages, dated November 1, 2024, and stamped received November 1, 2024, except as modified by the following conditions. c. The following IND-2 IUPD standards shall apply for APN 303-41-020M, the northern 12.24 net acres, for industrial development: 1. Maximum Building Height: 54 ft. 2. Site Screening 6’ Solid Wall (3’ at Street Fronts for parking areas) 3. The following uses are prohibited: a) Multiple-family residential. b) Adult oriented facilities as defined in Chapter 2. c) Medical Marijuana Dispensary and/or Marijuana Establishment and/or a Medical Marijuana Offsite Cultivation Location. d) Experimental and proving grounds. e) Farms as defined in Chapter 2. f) Truck terminals, including service and storage. g) Marijuana Testing Facilities. h) Emergency housing – Temporary shelter required due to a natural disaster or fire or other circumstances determined to constitute and emergency by the zoning inspector. i) Gardens and community gardens as defined in Chapter 2. j) Amusement enterprises and outdoor amusement parks. k) Auction sales, including swap meet operations. l) Circus and carnival grounds having permanent facilities. m) Dance halls and nightclubs, including outdoor amplified music, except adult oriented facilities as defined under Chapter 2 of this ordinance may not have outdoor music or entertainment. n) Drive-in or outdoor theaters. Z240019 Page 12 of 15 o) Miniature golf courses and driving ranges. p) Outdoor race tracks. d. The following IND-2 IUPD standards shall apply for APN 303-41-020L, the southern 10.1 net acres, for the multi-family residential development: 1. Maximum Building Height: 45 ft. 2. Minimum Street-Side Setback: 20 ft. 3. Minimum Rear Yard: 10 ft. 4. Parking Spaces Required: 1.46 parking spaces per dwelling unit. 5. The following uses are prohibited: a) Adult oriented facilities as defined in Chapter 2. b) Medical Marijuana Dispensary and/or Marijuana Establishment and/or a Medical Marijuana Offsite Cultivation Location. c) Experimental and proving grounds. d) Farms as defined in Chapter 2. e) Truck terminals, including service and storage. f) Marijuana Testing Facilities. g) Emergency housing – Temporary shelter required due to a natural disaster or fire or other circumstances determined to constitute and emergency by the zoning inspector. h) Gardens and community gardens as defined in Chapter 2. i) Amusement enterprises and outdoor amusement parks. j) Auction sales, including swap meet operations. k) Circus and carnival grounds having permanent facilities. l) Dance halls and nightclubs, including outdoor amplified music, except adult oriented facilities as defined under Chapter 2 of this ordinance may not have outdoor music or entertainment. m) Drive-in or outdoor theaters. n) Miniature golf courses and driving ranges. o) Outdoor race tracks. e. 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). MCDOT Comments to be addressed with POD. 3. Drainage report and Grading and Drainage Plans must be submitted with future entitlements. 4. 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 Z240019 Page 13 of 15 engineering policies, standards, and best practices at the time of application for construction. f. 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. g. Prior to precise plan of development approval for the development of any industrial, multifamily residential or other use requiring utilities, the applicant shall provide the Maricopa County Planning and Development Department with an executed pre-annexation service agreement with the City of Chandler that identifies the detail for when the proposed project will be annexed and/or the provision of water and sewer service. In lieu of a preannexation service agreement, the developer must provide a ‘will serve’ letter from the certificated water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. h. All outdoor lighting shall be in conformance with the provisions listed in Section 1112 of the Maricopa County Zoning Ordinance. Any outdoor lighting shall be placed so as to reflect light away from any adjoining rural or residential zoning district. i. Zoning approval is conditional per Maricopa County Zoning Ordinance, Article 304.6, and ARS § 11-814 for seven (7) years for the initial phase of development to have an issued construction permit which must be pursued to completion. j. Noncompliance with any Maricopa County Regulation shall be grounds for initiating a revocation of this zone change 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 shall revert 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. m. The applicant offers the following conditions ‘m.1 – m.11’ be included as part of the record. Staff notes these conditions are not enforceable by the County, the owner/developer shall be responsible for verifying and enforcing compliance with these standards through deed restriction and/or CC&Rs, and non-compliance will not be considered a violation of the county’s zoning ordinance: 1. The residential development shall be income and rent restricted for 100% of the residential units to 60% of the Area Media Income for a minimum of 30 years. 2. The residential development will be age restricted, requiring at least one resident of each unit to be age 55 or older and all other occupants at least age 40 or older. 3. The Developer shall wave the Qualified Contract provision of the Low-Income Housing Tax Credit Program (the “QC”). 4. The residential development shall provide a preference for Veterans preference. 5. The residential development shall provide a preference for seniors holding housing choice vouchers from the Chandler Housing Authority. 6. The residential development will be limited to a maximum height of 3-stories. 7. The developer shall install a full traffic signal at the intersection of Ocotillo Road and Pinelake Way prior to receiving a certificate of occupancy for any building on the property. 8. The development shall meet all City of Chandler development and design standards for setbacks, landscaping, screening, etc. 9. Without the submittal of a precise plan of development, no development approval is inferred by this review. These items will be addressed as development plans progress and are submitted to the county for further review and/or entitlement. 10. Prior to the precise plan of development approval for the development of any use requiring utilities, the applicant shall provide the Maricopa County Planning and Development Department with ‘will serve’ letters from a certified water and sewer provider, unless otherwise approved by Maricopa County Environmental Services Department. 11. Should the property be annexed into the City, the owner will transfer all water rights currently benefitting the property to the City of Chandler upon annexation. (C-44-26-045-X-00)

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