Vote: approved

Item Text

11. ELITE CIVIL OFFICE PARK HQ (Supervisorial District: 5) Case #: Z250040 Applicant and Owner: Andrew Yancey, Bergin Frakes Smalley Oberholtzer / Elite Civil Construction, LLC Request: Rezone from C-2 & R1-6 to C-2 CUPD Site Location: Generally located at the northeast corner of Southern Ave. and 43rd Ave. Commission Recommendation: On 6/11/26, the Commission voted 6-0 (motion by Commissioner Leighton D4, seconded by Commissioner Millhaven D2) to adopt a motion recommending the Board of Supervisors approve Z250040 subject to conditions 'a' – 'i’: a. Development of the site shall be in substantial conformance with the Site Plan entitled “Elite Corporate Office Park”, consisting of 1 full-size sheet, dated March 3, 2026, 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 “ELITE CIVIL OFFICE PARK”, consisting of 12 pages, dated March 26, 2026, except as modified by the following conditions. c. The following Planning Engineering conditions shall apply: 1. Approval of this case is for the Rezone only. Refer to the active Plan of Development case (PD250040) for engineering comments on the proposed developments. 2. Condition Engineering review of planning and/or zoning cases is for conceptual design only. 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. 3. Based on the conceptual design nature of the information submitted, changes to the site layout may be necessitated by the final engineering design of the drainage infrastructure. 4. Detailed Grading and Drainage (Infrastructure) Plans must be submitted with the application for Building Permits. d. The following C-2 CUPD standard shall apply: Parking: 1 space per 350 sq. ft. of floor area. e. The following City of Phoenix standards shall apply: 1. A minimum 5-foot detached sidewalk shall be constructed along the east side of 43rd Avenue, separated from the curb by a 5-foot landscape strip, with shade trees and groundcover meeting the City's standard of 75% shade and 75% live ground coverage. 2. Bicycle parking shall be provided in accordance with Section 1307.H of the Phoenix Zoning Ordinance. 3. A minimum of two green stormwater infrastructure (GSI) elements shall be incorporated into the site design. 4. Pedestrian pathways shall be shaded to a minimum of 75%. f. 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. g. Noncompliance with any of the conditions assigned to the approval of Zone Change by the Maricopa County Board of Supervisors may be grounds for revocation in accordance with the requirements and procedures set forth in the Maricopa County Zoning Ordinance. h. 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. 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-44-27-015-X-00)

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