Vote: held

Item Text

5. HAPPY VALLEY COMMERCIAL (Supervisorial District: 4) Case #: Z2024019 Applicant and Owners: Chris Webb, Rose Law Group / Sea Mink, LLC; Antlia, LLC; Imperial Agua Fria II, LLC; Imperial Agua Fria IV, LLC Request: Zone Change from Rural-43 to C-3 CUPD Site Location: Generally located at the NEC of Happy Valley Pkwy. and 115th Ave., in the Peoria area Commission Recommendation: On 8/6/26, the Commission voted 7-0 (motion by Commissioner Toma D4, seconded by Commissioner Rochwalik D3) to adopt a motion recommending the Board of Supervisors approve Z2024019 subject to conditions ‘a’ to ‘o’: a. Development of the site shall be in substantial conformance with the Narrative Report entitled "Happy Valley Commercial," consisting of 9 pages, dated August 4, 2026, except as modified by the following conditions. b. Development of the site shall be in substantial conformance with the Site Plan entitled "Conceptual Site Plan," consisting of 6 full-size sheets, dated February 17, 2026, 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. All offsite flows and drainage improvements along Happy Valley Parkway will need to be coordinated and permitted through the City of Peoria. 3. A Traffic Study/Statement must be submitted with future entitlement (POD) application(s). See following link to MCDOT Traffic Impact Manual. (RDM 7.1.4) https://www.maricopa.gov/DocumentCenter/View/303 4. There are Federal Patent Easements within the parcels. No encroachments are allowed within the area unless abandoned. 5. Applicant must contact MCDOT for further interest in the Patent Easement Abandonment Process. 6. The above comments do not include identification of utilities or underground facilities within or adjacent to the required right-of-way that may have prior rights and/or require relocation. 7. Applicant to notify ADOT of proposed development through the Red Letter Process, RedLetter@azdot.gov, due to proximity to Loop 303. 8. The Site is located within a Special Flood Hazard Area (SFHA). Disturbance to any floodplain will require a floodplain use permit concurrent with the building permit. 9. Happy Valley Parkway is within the jurisdiction of the City of Peoria. The applicant will be responsible for coordinating with the City to review any traffic impact, right-of-way dedication, permitting or roadway improvement requirements. 10. 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. The following C-3 CUPD standards shall apply: 1. Maximum building height: 30', except 40' for one self-storage and automobile sales, service and rental building, and 23’ for any buildings located on APN’s 201-21-041D and/or 201-21-041E east of the floodway. No building over 30 feet in height shall be located within 150 feet of APN 201-21-040 2. Min. Front Setback: 10'/25' adjacent to any rural or residential zone boundary 3. Min. Side Setback: 10' 4. Min. Street-Side Setback: 10' 5. Min. Rear Setback: 0', 25' adjacent to any rural or residential zone boundary. 6. Min. Perimeter Setback to automobile laundry vacuum equipment and wash bays: 100' adjacent to any rural or residential zone boundary. 7. Min. Perimeter Setback to drive-through speaker/menu board: 200' adjacent to any rural or residential zone boundary. 8. Min. Perimeter Setback to drive-through stacking lanes: 50' adjacent to any rural or residential zone boundary. 9. Min. Perimeter Setback to loading docks and delivery areas: 80' adjacent to any rural or residential zone boundary. 10. Min. Perimeter Setback to outdoor dining: 50' adjacent to any rural or residential zone boundary. 11. Min. Perimeter Setback to outdoor amplified music: 150' adjacent to any rural or residential zone boundary. 12. Min. Perimeter Setback to self-storage, automobile sales, service and rental buildings: 40' (for buildings under 30’ in height) and 100’ (for one building over 30’ in height) adjacent to any rural or residential zone boundary. 13. Min. Screening: 8' solid wall adjacent to the west side and rear property lines, and a 3' parking screen wall adjacent to the east side property line, abutting any rural or residential zone boundary. 14. Min. Parking per ordinance, except self-storage facility office area: 1 space per 300 SF of floor area, and self-storage facility storage area: 1 space per 3,000 SF of floor area. 15. Min. Perimeter Setback to gasoline service stations: 100' adjacent to any rural or residential zone boundary. 16. Min. Perimeter Setback to drive-thru restaurant refuse containers/dumpsters: 100’ adjacent to any rural or residential zone boundary. 17. Permitted Uses: i. all permitted uses in C-1 per MCZO Section 601 excluding residential uses; ii. automobile laundry (aka car wash); drive-In restaurants and refreshment stands; iii. restaurants and cafes, including patios, cocktail lounges, and outside dining and drinking areas; iv. self-storage facilities; v. automobile sales, service, and rental; and vi. accessory buildings & uses customarily incidental to the above. e. Prior to approval of a Plan of Development, the applicant shall obtain City of Peoria approval for all proposed access points onto Happy Valley Parkway. 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 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. 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. j. The one self-storage, automobile sales, service and rental building over 30’ in height shall be located along the Happy Valley Parkway right-of-way, at the northeast corner of its intersection with 115th Avenue. k. No gasoline service stations or restaurants that include a drive-thru shall be permitted on APN’s 201-21-041D or 201-21-041E. l. Any automobile laundry uses shall incorporate sound attenuation measures into the building design and construction, as necessary, to ensure sound levels at any adjacent residential property lines are no more than 55 dBA. m. Outdoor amplified music shall not exceed 55 dBA measured at a distance of at least twenty-five feet (25’) from the property line of the property on which the noise source is located. n. The maximum final pad elevation for the one self-storage, automobile sales, service and rental building over 30’ in height shall be 1275’. The maximum final pad elevation for any other buildings located on APN 201-21-043A shall be 1271’. o. The existing 20’ wide ingress, egress and utility easement on north side of APN 201-21-043A, which benefits the residential properties to the north, shall remain accessible, drivable, and undeveloped. (C-44-27-027-X-00)

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