Vote: approved

Item Text

17. LUXURY GARAGE CONDOMINIUMS (Supervisorial District: 4) Case #: Z260009 Applicant and Owner: William Lally / Vicente Gonzales Request: Zone Change from Rural-43 to C-2 CUPD Site Location: Generally located 337’ north of the NWC of Campbell Ave. & Perryville Rd. in the Buckeye/Goodyear area Commission Recommendation: On 6/11/26, the Commission voted 6-0 (motion by Commissioner Leighton D4, seconded by Chair Milhaven D2) to adopt a motion recommending the Board of Supervisors approve Z260009 subject to conditions ‘a’ – ‘i’: a. Development of the site shall be in substantial conformance with the Zoning Exhibit entitled “Zone Change with Overlay 4606 N Perryville Rd: Luxury Garage Condominiums“, consisting of 1 full-size sheet, dated 5/11/26, and stamped received 5/12/26, 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 “Zone Change with Overlay 4606 N Perryville Rd: Luxury Garage Condominiums”, consisting of 11 pages, dated 5/11/26, and stamped received 5/12/26, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. A traffic impact study is required with the Plan of development. The traffic impact study (TIS) shall be approved by the City of Goodyear since access will be via Perryville Road which is under Goodyear jurisdiction. a. Since access is via Perryville Road, City of Goodyear roadway, please seek a TIS review waiver from MCDOT. 2. Engineering and drainage review was based on a zone change without a plan of development. Therefore, 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. 3. Engineering review of re-zone cases is conceptual in nature. All development and engineering design shall be in conformance with Section 905 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. 4. The County does not provide fire service, therefore, it is incumbent that the applicant seek service and approval of plans from the jurisdictional fire service provider. d. The following Maricopa County Environmental Services Department (MCESD) conditions shall apply: 1. A Notice of Intent to Discharge application for a septic system is required for any construction. Application must be submitted to the MCESD Onsite Wastewater Program. 2. Wastewater is not permitted to discharge to an adjacent parcel’s septic system. 3. If conducting food service in unincorporated Maricopa, a grease trap will be required by Onsite Wastewater program. 4. Setback requirements must be maintained per Arizona Administrative Code, Title 18, Chapter 9, Article 312, C (Features Requiring Setbacks). 5. Dependent/independent recreational vehicles cannot discharge wastewater to any septic system(s). A dump station/holding tank will be required for any onsite recreational vehicle wastewater dumping under a 4.14 General Permit: Sewage Vault. 6. Projected flows between 3,000 and 24,000 gallons per day require a 4.23 General Permit and may require nitrogen treatment. 7. For Onsite Wastewater related questions, please contact the Onsite Program at (602) 506-6666 or by email at septicquestions@maricopa.gov. 8. An Approval to Construct application is required and must be submitted to MCESD’s Subdivision & Infrastructure Program for water, reclaimed water and/or wastewater system infrastructure. 9. A Water Service Agreement signed by the Utility is required and must be submitted to MCESD’s Subdivision & Infrastructure Program if the site/development will be provided with water and/or reclaimed water by a Utility. A Capacity Assurance Form issued by the Utility is required to MCESD’s Subdivision & Infrastructure Program if the site/development wastewater service is being provided by a Utility. e. The applicant will not oppose annexation into a municipality should it become available at any future point. f. The following CUPD standards shall apply: 1. Maximum Height: 30’ 2. Uses allowed: Until such time as the site is served by sewer, uses on the site shall be limited to garage storage units including condominiums for individual ownership and ancillary uses; and other uses acceptable to the Maricopa County Environmental Services Department (MCESD) that can be accommodated by septic systems and ancillary uses. 3. Prohibited land uses: Adult oriented uses, Marijuana uses, boarding houses, halfway houses, Recovery Communities, Liquor Stores, Cash Advance and Payday Loan Facilities, Pawn Shops, Group care facilities and hospitals, Mobile Home Sales & Storage, maintenance of agricultural equipment g. Prior to plan of development approval the applicant shall provide documentation that they have contacted (and any response) the City of Buckeye requesting the city’s specific site design and landscaping requests for incorporation into the garage condominium project. h. Administrative approval of a Plan of Development and/or Final Plat 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. 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. 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-44-27-004-X-00)

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